Heard Ms. Pratima Srivastava, learned counsel for the petitioner and Sri I. P. Singh for the opposite parties. Claim of the petitioner is that he is covered by U.P. Jal Nigam Karmchari (Adhivarshtta Par Sewanivritti) Niyamawali, 2005 rules -4 which provides that the appointees of Group D post who are appointed prior to 5.11.1985 they will retire at the age of 60 years. It further says that the petitioner's claim is covered by the aforesaid rules and, therefore the notice is bad and it should be quashed. Opposite parties have given notice according to which the petitioner will be retired at the age of 58 years. Argument of the petitioner is that this can not be done. Learned counsel for the opposite parties has prayed for time to file counter affidavit.
He is allowed three weeks' time to do so. Rejoinder affidavit may be filed within a week.
List thereafter.
Meanwhile, the opposite parties are directed not to retire the petitioner at the age of 58 years and the petitioner will be allowed to continue till the age of 60 years i.e. on 31.1.2012. Order Date :- 28.1.2010 RKM.