Rajendra Pandey and Others vs State of U.P. and Others

S.S. Chauhan, J.—Heard Learned Counsel for the parties.

Notice on behalf of opposite party No. 1 has been accepted by learned Standing Counsel while notice on behalf of U.P. Jal Nigam has been accepted by Sri I.P. Singh, who pray for and are allowed four weeks'' time for filing counter affidavit. Petitioners may file rejoinder affidavit within two weeks thereafter.

List after expiry of the aforesaid period.

The judgment in regard to the validity/vires of the Rules of 2005 has been reserved by a Division Bench of this Court. Learned Counsel for the petitioners argues that since the judgment has not been rendered, as such the petitioners may be allowed to continue. The said argument if accepted will lead to only one conclusion that the Court has to presume that the Regulations of 2005 are ultravires. This presumption unless Regulations are declared ultravires cannot be drawn by the Court.

Learned Counsel for the petitioners claims the benefit of Regulation 31 of the U.P. Jal Nigam Karamchari (Adhivarshata Par Sevanivriti) Viniyamavali, 2005 (for short "the Regulations of 2005").

Learned Counsel for the opposite parties states that in pursuance to the observation made by the Hon''ble Supreme Court Regulations of 2005 have been framed wherein the age of retirement of all employees has been fixed as 58 years and a distinction has been drawn in respect of the employees, who are employed in the erstwhile LSGED department and thereby opposite parties have proceeded to treat the two classes as different. It is, therefore, submitted on behalf of the opposite parties that such distinction is permissible under law and it was done only with a view to protect the service conditions of the erstwhile LSGED employees.

In this view of the matter, no interim relief can be granted to the petitioners at this stage. The interim relief applications are rejected. However, it will be open for the petitioners to move interim relief applications as and when the verdict of the Division Bench is given.