HARWINDRA KUMAR versus CHIEF ENGINEER, KARMIK AND ORS.

Citation: [2005] SUPP. 5 S.C.R. 317 · Decided: 18-11-2005 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

HARWINDRA KUMAR 
A 
v. 
CHIEF ENGINEER, KARMIK AND ORS. 
NOVEMBER 18, 2005 
[Y.K. SABHARWAL, CJ. AND B.N. AGRAWAL, J.] 
B 
Service Law: 
Uttar Pradesh Water Supply and Sewerage Act, 1975-Sections 37 and 
97-Uttar Pradesh Fundamental Rules-Rule 56(a)(as amended by Uttar C 
Padesh Fundamental (Amendment) Rules, 2002)-Uttar Pradesh Jal Niga'!' 
Engineers (Public Health Branch) Service Regulations-Regulation 31-
Superannuation age-Enhancement by the Rule-For employees of State 
Government-Applicability of to the employees of Jal Nigam-By the provisions 
of the Act and Regulations, service conditions of the employees of the State D 
Government made applicable to the employees of the Nigam-Held: In view 
of the provisions of the Act and the Regulations, enhancement in the age of 
superannuation would be applicable to the employees of the Nigam, so long 
the Regulation is not amended altering the service conditions of the employees 
of the Nigam. 
Appellants/writ petitioners were employees in Local Self Government 
Department of the Government of Uttar Pradesh. By Uttar Pradesh Water 
Supply and Sewerage Act, 1975, Jal Nigam was constituted. Under Section 
37 of the Act, the employees of the Local Self Government Department of 
E 
the State Government became employees of the Nigam. Their service 
conditions were to be the same as applicable to the employees of the State F 
Government under the Rules, Regulations and Orders applicable to therq 
so long the same were not altered by the Nigam. By virtue of powers 
conferred u/s 97 of the Act, Uttar Pradesh Jal Nigam Engineers (Public 
Health Branch) Service Regulations, 1978 were framed. Regulation 31 
thereof also provided that service conditions of the employees would b~ G 
governed by the Rules, Regulations and Orders applicable to employees 
of State Government. Rule 56(a) of Uttar Pradesh Fundamental Rule~ 
were amended by Uttar Pradesh Fundamental (Amendment) Rules, 2002 
enhancing the age of superannuation from 58 years to 60 years. 
317 
H 
318 
SUPREME COURT REPORTS (2005) SUPP. 5 S.C.R. 
A Enhancement of the age of superannuation was not made applicable to 
the employees of the Nigam. Appellants filed Writ Petition, challenging 
the order not making the amendment applicable to them and the same 
was dismissed by High Court. Hence the present appeals. Writ Petitions 
were also filed in this Court challenging the same. 
B 
c 
The question for consideration in this case was whether amendment 
made in Rule 56(a) of Uttar Pradesh Fundamental Rules enhancing age 
of superannuation from 58 years to 60 years would be applicable to the 
employees of Uttar Pradesh Jal Nigam. 
Allowing the appeals and the petitions, the Court 
HELD: 1. From a bare reading of Section 37 of Uttar Pradesh Water 
supply and Sewarage Act, 1975 and Regulation 31 of Uttar Pradesh Jal 
Nigam Engineers (Public Health Branch) Service Regulations, it would be 
clear that the service conditions of the employees of the Nigam would be 
D the same as are applicable to the employees of the State Government under 
the Rules, Regulations and Orders applicable to such government servants 
so long the same are not altered by the Nigam in accordance with the 
provisions of the Act. If Regulations would not have been framed, the 
Nigam had residuary power under Section 15(1) of the Act whereby under 
general power it could change the service conditions and the same could 
E remain operative so long regulattons were not framed but in the present 
case, regulations were already framed in the year 1978 specifically 
providing in Regulation 31 that the conditions of service of the employees 
of the Nigam shall be governed by the Rules, Regulations and Orders 
governing the conditions of service of Government servants which would 
F not only mean then in existence but any amendment made therein, as 
neither in Section 37 nor in Regulation 31, it has been mentioned that the 
,. 
Rules then in existence shall only apply. After the amendment made in 
Rule 56(a) of Uttar Pradesh Fundamental Rules by the State Government 
and thereby enhancing the age of superannuation of Government servants 
from 58 years to 60 years, the same would equally apply to the employees 
G of the Nigam and in case the State Government as well as the Nigam 
intended that the same would not be applicable, the only option with it 
was to make suitable amendment in Regulation 31 of the Regulations after 
taking previous approval of the State Government

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