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2013 DIGILAW 336 (ALL)

Rakesh Kumar Srivastava v. State of U. P. & Ors.

2013-01-29

DEVI PRASAD SINGH, SATISH CHANDRA

body2013
By the Court.— Controversy in both these writ petitions relates to the age of superannuation. The dispute in question has been settled by a Division Bench of this Court, in which one of us (Hon'ble D.P.Singh, J.) was a member vide order dated 31-5-2012 passed in Writ Petition No.746 (SIB) of 2012. While deciding the writ petition, the Division Bench has taken a note of its earlier judgment. The operative portion of the judgment and order dated 31-5-2012 is reproduced as under: "Sri Umesh Chandra Pandey admits that the controversy involved in the writ petition, is squarely covered by the judgment and order dated 31-7-2008 passed by the Division Bench in Writ Petition No. 1465 (S/B) of 1991, Rajendra Kumar Shukla v. Union of India. The SLP has also been dismissed by the Hon'ble Supreme Court by the judgment and order dated 3-8-2010. The operative portion of the judgment of the Division Bench of this Court is reproduced as under: "It is not disputed by the parties that the Board of Directors of the respondent-company ton 16-6-1998 have resolved to implement the O.M. dated 19-5-1998 issued by the Government of India and at that time the petitioner had not attained the age of 58 years and was working in the respondent company. In the absence of any statutory rule or Standing Order and in view of the proposition laid down in Goa Shipyard's case (supra) the decision of the respondent-company would come- into force from the date, it is approved by the Board of Directors of the Company. Therefore, the date of issuance of consequential order is not relevant. Accordingly, the writ petition is allowed in part. Since the petitioner has already been retired from service, it is directed that the respondent-Company shall pay the arrears of salary and other admissible allowances and dues treating him to be in service till 30-6-2000 i.e. the date on which he attained 60 years. Such emoluments shall be paid to the petitioner within a maximum period of four months' from the date of receipt of certified copy of this order. Parties shall bear their own costs. July 31, 2008." In view of the above, the present writ petition is allowed. Such emoluments shall be paid to the petitioner within a maximum period of four months' from the date of receipt of certified copy of this order. Parties shall bear their own costs. July 31, 2008." In view of the above, the present writ petition is allowed. A writ in the nature of mandamus is issued extending the benefit of the Government order dated 20-12-2011, a copy of which AS contained in Annexure No.2 to the writ petition. Let appropriate order be passed in terms of the above observations expeditiously say, within a period of one month from the date of receipt of a certified copy of this order. Subject to above, the writ petition is allowed." 2. Since the dispute in question is no more res Integra, we decide the present writ petitions in terms of the judgment and order dated 31-5-2012. 3. The writ petitions are allowed accordingly. No order as to costs. Petition allowed. _____________