HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 937 of 2011 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 21.09.2010 passed in Writ-A No. 57988 of 2010 whereby the learned Single Judge found the matter covered by judgment dated 29.07.2010 passed by a Division Bench in Writ Petition No. 1595 (SB) of 2009: Dayanand Chakrawarty Vs. State of U.P. & Ors., which was followed in certain other cases. 2. When the appeal came up before this Court on 15.09.2011, the same was directed to be connected with Special Appeal No. 1422 of 2011. 3. Counsel for the appellant submits that Special Appeal No. 1422 of 2011 already stands decided on 13.07.2016 and therefore, the present special appeal may also be decided in terms of the said judgment. 4. In Special Appeal No. 1422 of 2011, a co-ordinate Bench of this Court inter alia observed and directed as under: "Counsel for the parties agree that the controversy raised by means of the present special appeal stands settled under the judgment and order of the Apex Court in the case of State of U.P. vs. Dayanand Chakrawarty & Others being Civil Appeal No. 5527 of 2012 decided on 02.07.2013. The operative portion of the above judgment is quoted herein below : "38. In these cases as we have already held that Regulation 31 shall be applicable and the age of superannuation of employees of the Nigam shall be 60 years; we are of the view that following consequential and pecuniary benefits should be allowed to different sets of employees who were ordered to retire at the age of 58 years. (a) The employees including respondents who moved before a court of Versus Counsel for Appellant(s) : Vimlesh Kumar Rai, Anubhav Shukla Counsel for Respondent(s) : Rajiv Singh (S.C.) U.P. Jal Nigam through its Chief Engineer (E-3) .....Appellant(s) Satish Chandra Sharma and others .....Respondent(s) law irrespective of fact whether interim order was passed in their favour or not, shall be entitled for full salary up to the age of 60 years. The arrears of salary shall be paid to them after adjusting the amount if any paid. (b) The employees, who never moved before any court of law and had to retire on attaining the age of superannuation, they shall not be entitled for arrears of salary. However, in view of Regulation 31 they will deem to have continued in service up to the age of 60 years.” For the same reasons and with same directions, this special appeal is also disposed of. As a result whereof all consequential action shall be taken without any delay." 5. In view of the submissions made, the present special appeal also stands disposed of in light of and with similar directions as given in Special Appeal No. 1422 of 2011. September 12, 2025 AHA/AKShukla SPLAD No. 937 of 2011 2 (Kshitij Shailendra, J.) (Arun Bhansali, CJ.) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad