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Rakesh Kumar Garg v. The State of Uttar Pradesh

Civil Appeal · 2017 INSC 804Decided 24 Aug 2017
Civil Appeal No. 10857 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order does not decide the main case. The appellant, an officer of the Gorakhpur Industrial Development Authority, sought to continue in service up to the age of 60 instead of 58, pointing out that NOIDA's regulations had been amended to allow this for its officers. The State's counsel told the Court that the State Government had declined permission for a similar amendment for the Gorakhpur authority.

Decision Breakdown

This is not a final decision on the main case. The Court did not rule on whether the Government's refusal was correct or on the appellant's entitlement. It disposed of the appeal without prejudice to the appellant's liberty to challenge the Government's order, and said that any such challenge would be considered on its own merits.

Lesson Learnt

There is no final ruling yet on whether the appellant was entitled to serve until the age of 60. He remains free to challenge the Government's refusal separately.

Official source (sci.gov.in)View Judgment (PDF)

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