Court No. - 39
Case :- WRIT - A No. - 19057 of 2019 Petitioner :- Saiyyad Ahmad Ali Zaidi Respondent :- The U.P. Power Corporation Limited, Lucknow And 3 Others Counsel for Petitioner :- Mata Achal Mishra Counsel for Respondent :- Abhishek Srivastava,Kapil Dev Singh Rathore
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 18.7.2019, contained in Annexure-2 to the writ petition, which records that petitioner's age would be treated as 18 years on the date of his entry into service and his retiral benefits would be computed accordingly. The benefit prior to such period has been denied on the ground that minimum age of entry into service is 18 years and petitioner's working in excess thereof would not be counted for calculating his retiral benefits.
This order is assailed on the ground that petitioner's actual working and the benefits due on account of it cannot be discarded.
Petition is opposed by Sri Abhishek Srivastava, lerned counsel for respondent no.1 and K. D. S. Rathore, learned counsel for the respondent nos.2 to 4.
It is not in dispute that minimum age of entry into service is 18 years. In such circumstances, if the authorities have taken a decision to compute petitioner's retiral benefits by treating his age as 18 years on the date of entry, no exception can be taken to it. No interference with the order impugned is, therefore, called for.
It is, however, provided that any salary paid for the period, for which petitioner has worked, would not be recovered from him.
Subject to the aforesaid observations, this petition is consigned to records.
Order Date :- 28.11.2019 Ashok Kr.