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2025 DAILYLAW 17908 (ALL)

ARUN KUMAR SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS

WRIA/1799/2025 · 2025-02-12

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20557 Court No. - 5 Case :- WRIT - A No. - 1799 of 2025 Petitioner :- Arun Kumar Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. The petitioner claims enhancement in the age of retirement. A resolution to this effect was passed by the Board of Directors, District Co-operative Federation Limited and forwarded the same to the State Government but the same has not been acted upon. A Division Bench of this Court in Kanhaiya Lal and others vs. State of U.P. and Others (Civil Misc. Writ Petition No. 48162 of 2010) by order dated 17.01.2012 had directed the State Government to consider resolutions of this nature passed by public sector undertaking and other corporations by holding thus: "12. After going through the reasons given on the record, we find that the State Government is conscious of the consistent demand made by the employees of the Public Sector Undertakings and Corporations. Whereas the profit making Corporations who can bear the financial burden of increase in wage of its employees, which may occur on account of enhancement of retirement age, may consider the matter and resolve it in their Board, and submit the proposal and resolution to the Administrative Department of the Government for its consideration, and for taking steps for according approval to such proposal. 13. Having regard to facts and circumstances, we dispose of the writ petition with directions that NOIDA may consider the matter in its next Board meeting, taking into account its earlier resolution made in the year 2002, to bear the financial burden, after financial assessment of such burden, and the effect of increase of retirement age on other employees. It may thereafter refer the matter to the concerned Administrative Department of the State Government for its evaluation and recommendation, and for forwarding the same to the State Government for its approval. We also direct that if such a decision is taken by the State Government, it will be open to the State Government to consider to give effect to the increase in the age of retirement with effect from the date when the NOIDA had resolved to bear the financial burden, or from any such date, which the State Government may find it expedient." Without going into the merits, interest of justice will be served by directing the respondent no. 2 to decide the representation of the petitioner as regards approval of the resolution passed by the Board of Directors, District Co- operative Federation Limited preferably within a period of six months. The writ petition is disposed of. Order Date :- 13.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad