Chandrabhaan and Others vs State of Uttaranchal and Others

Sudhanshu Dhulia, J.—The short question raised in the writ petition is that the Petitioners are employees of Cane Cooperative Development Union. Since they were to reach the age of superannuation after completing 58 years of age, they challenged it in writ petition stating that now the age of superannuation of all the Government employees is increased from 58 to 60 years and on the basis of parity, their age of superannuation should also be increased from 58 to 60 years, as the Cane Cooperative Development Union is an instrumentality of State.

A learned Single of this Court vide order dated 25.9.2003 had allowed Writ Petition (S/S) No. 383 of 2003, where similar prayer for increase of age of superannuation from 58 to 60 years, was made. The matter went in special appeal. In the special appeal the order of the learned Single Judge was upheld vide order dated 9.2.2005.

The Petitioners basically are relying upon the aforesaid two judgments and say that they are liable to retire only after completion of 60 years and they are covered by these two judgments passed by this Court.

Learned Counsel for the Cane Cooperative Development Society, Sri Gopal Narain, admits that the matter is covered by the two decisions, cited above, and is no more an issue now.

This case is hence decided in terms of the decision made by the learned Single Judge of this Court dated 25.9.2003 in Writ Petition (S/S) No. 383 of 2003 which has been upheld by the Division Bench in Special Appeal No. 16 of 2004 by order dated 9.2.2005.

No order as to costs.