1. This petition prays for issuance of a writ in the nature of certiorari quashing order dated 30.6.2012, Annexure-2, vide which it has been conveyed to the petitioner that under Rule 25(1) of the Uttar Pradesh Forest Corporation General Service Regulations, the age of superannuation is 58 years which the petitioner would attain on 31.7.2012.
2. The petition also prays for issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to continue in service till final decision is taken by respondent-State in regard to the age of retirement.
3. Learned counsel contends that the Government took a decision/made a proposal vide Annexure-3, dated 20.12.2011 that a Corporation could extend the age of retirement from 58 years to 60 years, in case extra financial burden is not caused on the State by extension in age of retirement.
4. Learned counsel has also referred to Annexure-6 vide which the Corporation has referred the matter to the State Government for approval of extension in age of its employees from 58 years to 60 years.
5. Approval has been given to the other Corporations for extension in age from 58 years to 60 years. It is only in the case of the Forest Corporation that approval has not been given till date, although recommendation has been sent in that regard.
6. Learned counsel has referred to decision of this court in Writ Petition No.2926(SS) of 2012, Rameshwar Singh Rathaur v. State of U.P. & ors., dated 31.5.2012, and Writ Petition No.3571(SS) of 2012, Ram Das Maurya v. State of U.P. & ors., dated 29.6.12, vide which this court has disposed of the writ petitions asking Principal Secretary, Forest, to decide the issue with respect to enhancement of age of retirement of the employees of U.P. Forest Corporation.
7. Learned counsel contends that till date decision has not been taken.
8. Sri Rahul Shukla, Learned Standing Cousnel, puts in appearance for respondent no.1.
9. Sri Shukla is directed to inform this court as to the reasons why the Principal Secretary, Forest, has not taken a decision on the issue, although a direction in that regard was issued by this court in the cases of Rameshwar Singh Rathaur (supra) and Ram Das Maurys (supra).
10. Let the affidavit of Principal Secretary, Forest, be filed on or before 03.9.2012.
11. List on 03.9.2012.
Order Date :- 13.8.2012 A.Nigam