The petitioner is a Class-III employee of Uttar Pradesh Jal Nigam. His prayer in the Writ Petition is that he should be allowed to continue in service till he attains the age of 60 years.
In Writ Petition No. 3122 of 2010, Amar Nath Mishra Vs. State of Uttar Pradesh and others, this Court after elaborately considering earlier interim orders passed in respect of various categories of employees of the Uttar Pradesh Jal Nigam observed that a Class- III employee is not entitled to the benefit of any of the interim orders which permit continuation of service beyond 58 years since the services of the Class-III employee are governed by the Regulations which have been framed in the year 2005, and the said Regulations have already been published as observed in one of the interim orders dated 12.11.2009. It further observed that as the matter is yet to be resolved by the Division Bench as mentioned in the order dated 11.01.2010, the writ petition be listed after exchange of necessary affidavits.
In the above view of the matter, let this writ petition be also connected with Writ Petition No. 3122 of 2010 as referred to above.
Learned Standing Counsel as well as Sri Amit Dubey who has accepted notice on behalf of jal Nigam may file counter affidavit in the meantime.
It is, however, provided that in case the petitioner's succeeds in the writ petition, he shall be entitled to full salary and all benefits of working till the attainment of the age of 60 years irrespective of the fact whether he has worked after attaining 58 years of age or not.
Order Date :- 24.6.2010 vinay