Court No. - 23 Case :- SERVICE SINGLE No. - 115 of 2010 Petitioner :- Ghanshyam Mohan Pathak S/O Late Shyam Kishore Pathak Respondent :- State Of U.P. Thru.Principal Secy. Rural Devp.And Ors. Petitioner Counsel :- Vikash Shukla Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri Vikas Shukla, learned counsel for the petitioner and Sri R. K.
Maurya for the opposite parties.
It has been stated by the counsel for the petitioner that the petitioner is
working on the post of Stenographer in the Department of Rural Development
Agency and has been served with a retirement notice dated 3.11.2008
(Annexure 1) that he is going to retire on attaining the age of superannuation
on 31.1.2009.
Learned counsel for the petitioner submits that the age of superannuation has
already been extended to 60 years, but the impugned retirement notice has
been issued on the basis of the Government Order dated 9.3.2004, which has
already been assailed in Writ Petition No. 45 (SS) of 2005 and this Court
quashed the said Government Order.
Learned Standing Counsel also does not dispute the aforesaid averments.
As the impugned retirement notice dated 3.11.2008 (Annexure 1) on the basis
of the Government Order dated 9.3.2004 has been issued, is quashed. The
petitioner is allowed to continue till he attains the age of 60 years.
With the above observations and directions, the writ petition is allowed.
Order Date :- 11.1.2010
RKM.