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2011 Supreme(All) 615

ANIL KUMAR
PRABHAT CHANDRA JAIN – Appellant
Versus
NAVNEET SEHGAL, CHAIRMAN U. P. JALNIGAM – Respondent


Advocates:
Counsel :
Kuldeep Pati Tripathi for the Petitioners; S.C. for the Respondents.

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Sri Kuldeep Pati Tripathi, learned counsel for the applicant.

2. Factual matrix of present case as submitted by learned counsel for the applicants are that they are working in U.P. Jal Nigam, for redressal of their grievances applicant No. 1 (Sri Prabhat Chandra Jain) had filed a Writ Petition No. 864 (SB) of 2004, disposed of by order dated 19.7.2006 after placing reliance on the judgment given by Hon’ble the Apex Court in the case of Harvindra Singh v. Chief Engineer, Karmik and others, 2005 AIR SCW 5995, the relevant portion is as under :

“We, therefore, direct that the petitioner, for the reasons given in the judgment, shall be treated to have continued in service till the age of 60 years. Since the petitioner has already retired, after attaining the age of 60 years, he shall be paid his post retiral dues treating him to have retired on completing the age of 60 years, with all consequential benefits.”

3. Further the applicant Nos. 2 and 3 have also filed a Writ Petition No. 556 (SB) of 2004, Rajesh Nath Chaturvedi and others v. State of U.P. and others, disposed of by order dated 19.7.2006 in terms to the order passed in Writ Petition No. 86















































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