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2010 Supreme(All) 2451

RAJIV SHARMA, SATISH CHANDRA
DAYANAND CHAKRAWARTY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Kalia, Upendra Nath Mishra, O.P. Srivastava, Vivek Raj Singh, Dr. Ved Prakash (in person) and Km. Savita Jain for the Petitioner; V.S. Tripathi and I.P. Singh for the Opposite Parties.

JUDGMENT

By the Court.—Heard learned Counsel for the parties and perused the records.

2. The afore-captioned writ petition No.1191 (SB) of 2009 has been filed by U.P. Engineers Association Jal Nigam, praying therein to declare U.P. Jal Nigam Karamchari (Adhivarshita Par Seva Nivarti) Viniyamawali, 2005 [hereinafter referred to as ‘2005 Regulation’] as unconstitutional and ultra vires to the provisions of the Constitution of India and further to quash the orders 3.7.2009 and 29.6.2009 passed by the opposite partie Nos. 1 and 2 to the writ petition, respectively. The other prayers are to restrain the opposite parties from retiring the members of the petitioners’ association at the age of 58 years as well as to allow them to continue to work till they attain the age of 60 years. In other words, the petitioners prayed for the enhancement of their superannuation from 58 to 60 years at par with other State Government employees.

3. Except writ petition No. 1191 (SB) of 2009, in all the above writ petitions, writ petitioners have challenged the order, whereby petitioners have been asked to retire on attaining the age of 58 years as per the provisions of Regulation 2005.

4. Since question th




























































































































































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