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2013 DIGILAW 697 (UTT)

R. G. UPADHYAY v. STATE OF UTTARANCHAL

2013-10-30

ALOK SINGH

body2013
JUDGMENT Hon’ble Alok Singh, J. 1. Writ petition was dismissed for non prosecution vide order dated 26.08.2008. Restoration application No. 270 of 2013 was moved on 28.05.2013 alongwith application seeking condonation of delay in filing restoration application. 2. Learned counsel appearing for the respondents has no serious objection, if delay in filing restoration is condoned and restoration application is allowed. 3. For the reasons stated in the application, delay in filing restoration application is condoned. CLMA No. 5341 of 2013 is allowed. 4. For the reasons stated in the restoration application, MCC No. 270 of 2013 is allowed. Order dated 26.08.2008 is recalled and Writ Petition is restored to its original number. 5. With the consent of the learned counsel for the parties, present petition is taken up for final hearing today itself. 6. Present petition is filed seeking writ of mandamus directing the respondents to calculate the post retiral benefit of the petitioner under voluntary retirement scheme treating the age of superannuation as 60 years and to pay all the arrears as per the calculation within such time as fixed by this Court. 7. Undisputedly, petitioner joined the Corporation on 01.01.1975 as Cinam Seed Production Assistant under the agreement dated 1st January, 1975, annexure-1 to the writ petition, on temporary basis for the period of two years with the stipulation, services of the petitioner can be terminated at any time by issuing one month notice with further stipulation that employee shall retire on 30th following the attainment of age of 60 years with the further stipulation in paragraph 15 thereof that employee will have to abide by rules and regulations of the Corporation as framed or modified from time to time. 8. Petitioner was promoted on the post of Seed Production Officer in the pay scale of 550-1200 and joined the said promotional post on 25.05.1981. Undisputedly, vide order dated 20th January, 1998, Corporation has adopted Rule 26 (2) of the original Rules of U.P. Seed and Tarai Development Corporation Limited in the matter of voluntary retirement. Undisputedly, as per the Rules, age of the retirement of the employee in the Corporation was 58 years. Undisputedly, petitioner sought and granted voluntary retirement vide order dated 02.06.2003. Undisputedly, all retiral benefits by calculating treating the age of the superannuation of the petitioner as 58 years were given. Undisputedly, as per the Rules, age of the retirement of the employee in the Corporation was 58 years. Undisputedly, petitioner sought and granted voluntary retirement vide order dated 02.06.2003. Undisputedly, all retiral benefits by calculating treating the age of the superannuation of the petitioner as 58 years were given. Feeling aggrieved, petitioner has approached this Court seeking mandamus that post retiral benefits should be calculated treating the age of superannuation as 60 years as per the agreement. 9. Para 15 of the agreement, annexure-1, reads as under :- “15. You will have to abide by the Rules and Regulations of the Corporation as framed or modified from time to time.” 10. Undisputedly, as per Rules 26 of U.P. Seed and Tarai Development Corporation Limited, Central Services Rules, an employee shall ordinarily retire at the age of 58 years. Admittedly, when petitioner was allowed to join under the agreement, Rules were not in existence and were adopted subsequently. As per the para 15 of the Agreement, every employee shall abide by the rules and regulations so framed. 11. In my humble opinion, as per clause-15 of the agreement, petitioner is bound by the Rules adopted later on. 12. Consequently, writ petition fails and is hereby dismissed.