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2018 Supreme(All) 2226

SUDHIR AGARWAL, IFAQAT ALI KHAN
Om Prakash Tiwari – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abhishek Misra, B.R.J. Pandey
For the Respondent: C.S.C.,S.K. Dwivedi

JUDGMENT :

1. This writ petition has been filed under Article 226 of Constitution of India assailing notice dated 29.10.2013 (Annexure 16 to the writ petition) issued by Chief Executive Officer, Bhadohi Industrial Development Authority (hereinafter referred to as ‘BIDA’) informing petitioner that he would attain age of superannuation of 58 years and would retire on 31.03.2014 as provided in Fundamental Rule 56.

2. Petitioner was appointed as Assistant Architect by letter dated 17.03.1983. BIDA is a Development Authority constituted under U. P. Industrial Area Development Act, 1976 (hereinafter referred to as ‘Act 1976). For governing service conditions of employees of BIDA, Regulations were framed under Section 19 of Act, 1976 namely Bhadohi Industrial Development Authority Service Regulations, 1988 (hereinafter referred to as ‘Regulations 1988).

3. Regulation 25 deals with age of superannuation of employees of BIDA and reads as under :

“25. The age of superannuation will be the same as is prescribed by the State Government for its employees from time to time.

On attaining the age of superannuation, an employee shall be discharged from the service of the Authority provided that with the






















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