Chairman U.P. Jal Nigam And Others vs Maiya Deen And Another
2022 Latest Caselaw 9853 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 1445 of 2012
 

 
Appellant :- Chairman U.P. Jal Nigam And Others
 
Respondent :- Maiya Deen And Another
 
Counsel for Appellant :- .,Vimlesh K.Rai
 
Counsel for Respondent :- C.S.C.,Akhtar Ali
 

 
Hon'ble Pritinker Diwaker,J.

Hon'ble Ashutosh Srivastava,J.

Sri V K Rai, learned counsel for the appellants. None for the private respondent.

Sri Rai, at the very outset, submits that the issue involved in the present special appeal stands covered with the decision of the Apex Court in State of UP v. Dayanand Chakrawarty and others: Civil Appeal No.5527 of 2012, decided on 2.7.2013. He refers to the operative part of the judgment of the Apex Court relied upon by the coordinate Bench of this Court in Special Appeal No.1559 of 2011: U P Jal Nigam v. Satish Chandra Srivastava and Special Appeal Defective No.935 of 2011: U P Jal Nigam v. Devendra Yadav and others, which reads as under:

"38. In these cases as we have already held that Regulation 31 shall be applicable and the age of superannuation of employees of the Nigam shall be 60 years; we are of the view that following consequential and pecuniary benefits should be allowed to different sets of employees who were ordered to retire at the age of 58 years.

(a) The employees including respondents who moved before a court of law irrespective of fact whether interim order was passed in their favour or not, shall be entitled for full salary up to the age of 60 years. The arrears of salary shall be paid to them after adjusting the amount if any paid.

(b) The employees, who never moved before any court of law and had to retire on attaining the age of superannuation, they shall not be entitled for arrears of salary. However, in view of Regulation 31 they will deem to have continued in service up to the age of 60 years."

In view of the aforesaid judgment of the Apex Court followed by this Court in the above referred special appeals, present special appeal is disposed of. All consequential actions to follow.

Order Date :- 10.8.2022/nd

(Ashutosh Srivastava,J.) (Pritinker Diwaker, J.)