Rakesh Kumar Garg v. State of Uttar Pradesh & Ors

Supreme Court of India · 24 Aug 2017 · 2017 INSC 804
Kurian Joseph; R. Banumathi
CIVIL APPEAL NO. 10857 OF 2017
administrative appeal_dismissed

AI Summary

The Supreme Court dismissed the appeal seeking extension of service beyond the prescribed retirement age, holding that continuation in service is subject to State Government discretion and applicable regulations.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10857 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 15572 OF 2017 @ CC NO.9610/2017]
RAKESH KUMAR GARG APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)
JUDGMENT
KURIAN, J.
Delay condoned.

2. Leave granted.

3. The appellant approached this Court praying for continuance in service up to the age of 60 years, beyond the normal age of superannuation of 58 years, on the main ground that in New Okhla Industrial Development Authority (NOIDA) the State Government has permitted the officers to continue in service up to 60 years of age and the Regulations have been amended accordingly.

4. Mr. D.K. Singh, learned Additional Advocate General for the State of U.P. points out that as far as Gorakhpur Industrial Development Authority is concerned the State Government has declined permission for considering the proposal for continuance in service up to 60 years of age and amendment of its Regulation accordingly.

5. In that view of the matter, the appeal is disposed of, without prejudice to the liberty available to the appellant to challenge the order passed by the Government.

6. Needless to say that in case the order is so challenged, it will be considered on its own merits. 2017 INSC 804

7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [R. BANUMATHI] NEW DELHI; AUGUST 24, 2017.