Rakesh Kumar Tiwari Vs State of U.P. Thru. Its Prin. Secy. Cooperative, Lko. and Others

Neutral Citation No. - 2024:AHC-LKO:32685

Court No. - 6

Case :- WRIT - A No. - 3260 of 2024 Petitioner :- Rakesh Kumar Tiwari Respondent :- State Of U.P. Thru. Its Prin. Secy. Cooperative, Lko. And Others Counsel for Petitioner :- Daya Shankar Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard.

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The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to extend the service of the petitioner for two years from 60 to 62 years in the light of the government order dated 31.07.2020 issued by the respondents no.1, a copy of which is annexure 9 to the petition.

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Admittedly, the petitioner is working as Kurk Amin on a commission basis however the Rules which have been annexed as annexure 9 to the petition do not include Kurk Amin within the ambit of the said Rule. Consequently there cannot be any occasion of the petitioner continuing in service upto the age of 62 years more particularly when the Rules as are applicable upon the petitioner are the Uttar Predesh Co-operative Collection Fund and the Amin and Other Staff Service Rules, 2002 which do not provide the age of retirement, of which Rule 36 provides that in the matters not specifically covered by the rules or special orders, persons appointed in the Cadre of service shall be governed by the rules, regulations and orders applicable to government servants serving in connection with the affairs of the State and as per the rules / circulars governing the state government, the employees are to retire at the age of 60 years.

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Considering the aforesaid, no case is made out.

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The writ petition is dismissed.

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Order Date :- 26.4.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Tiwari v. State of U.P. Thru. Its Prin. Secy. Cooperative, Lko. and Others

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Rakesh Kumar Tiwari v. State of U.P. Thru. Its Prin. Secy. Cooperative, Lko. and Others

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