HARWINDRA KUMAR versus CHIEF ENGINEER, KARMIK AND ORS.

HARWINDRA KUMAR versus CHIEF ENGINEER, KARMIK AND ORS.

So long as Regulation 31 of the Regulations is not amended, the enhanced age of superannuation of 60 years for government servants employed under the State of Uttar Pradesh shall be applicable to employees of the Nigam as well; mere administrative directions or policy decisions cannot override the statutory regulations; any contrary intent must be effectuated by a formal amendment to Regulation 31, with previous approval from the State Government.

Parties
Appellant: Harwindra Kumar; Respondent: Chief Engineer, Karmik and Ors.
Jurisdiction
India
Judgment Date
18 November 2005
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals and writ petitions allowed
Legal Topics
Superannuation, Service Conditions, Statutory Interpretation
Service Law Superannuation Service Conditions Statutory Interpretation

Case Brief

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Parties

Harwindra Kumar

Appellant

Chief Engineer, Karmik and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether amendment to Rule 56(a) of Uttar Pradesh Fundamental Rules enhancing the age of superannuation from 58 to 60 years applies to employees of Uttar Pradesh Jal Nigam

Ratio Decidendi

So long as Regulation 31 of the Regulations is not amended, the enhanced age of superannuation of 60 years for government servants employed under the State of Uttar Pradesh shall be applicable to employees of the Nigam as well; mere administrative directions or policy decisions cannot override the statutory regulations; any contrary intent must be effectuated by a formal amendment to Regulation 31, with previous approval from the State Government.

Court Disposition

appeals and writ petitions allowed

Orders

  • Orders of the High Court and Nigam superannuating employees at age 58 are set aside.
  • Employees are entitled to continue up to age 60 unless Regulation 31 is amended.