State of U.P. and Others vs Nand Kishore Chourasia

On behalf of the Appellants-State, learned Chief Standing Counsel submits that the view taken in the case of Kalika Prasad v. State of U.P. and Ors. (Writ Petition No. 45 (S/S) of 2005, decided on 9.4.2007), that the employee of District Rural Development Agency (DRDA) will be retired at the age of 60 years, is contrary to the conditions of service, as the fundamental rules do not apply to those employees, who are employees of a Society and are not holding the government post.

Our attention is also invited to the interim orders passed earlier in similar matters.

In the light of that and considering the request made on behalf of the private respondent for adjournment, the impugned judgment and order dated 23.3.2010 passed by the learned Single Judge, shall remain stayed pending further orders.

List this matter along with Special Appeal (D) No. 119 of 2010 on 05th of August, 2010 with a notice to the private respondent that the matter will be heard and finally disposed of on 05th of August, 2010.

It will be open to the learned Chief Standing Counsel to give list of all such other cases also.

This is an application u/s 5 of the Limitation Act for condoning the delay in filing the appeal.

Considering the cause shown in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned. Application stands allowed.

Office to register the appeal.