Neutral Citation No. - 2025:AHC:111960-DB Court No. - 3 Case :- SPECIAL APPEAL DEFECTIVE No. - 936 of 2011 Appellant :- U.P. Jal Nigam Thru Its Chief Engineer A-4-2 Respondent :- Brij Bihari Choudhari And Others Counsel for Appellant :- Anubhav Shukla,Vimlesh K.Rai Counsel for Respondent :- Illegible Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Mr. Vimlesh K. Rai, learned counsel appearing on behalf of the appellant and learned Standing Counsel appearing on behalf of the State. 2. 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 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." 3. 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. Order Date :- 11.7.2025 Rakesh (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- RAKESH MEHTA High Court of Judicature at Allahabad