HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- SERVICE SINGLE No. - 6680 of 2015 Petitioner :- Syed Wajid Hussain Respondent :- State Of U.P. Through Secy. To Govt. Deptt. Of Language Lko. Counsel for Petitioner :- Mushtaq Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Vinod Pandey Hon'ble Dr. Devendra Kumar Arora,J.
Notice on behalf of opposite party no.1 has been accepted by Chief Standing Counsel whereas Sri vinod Pandey has put in appearance on behalf of opposite party no.2 to 4.
Learned Counsel for the petitioner has contended that the impugned order of compulsorily retirement is wholly unjustified and is punitive in nature, which would be evident from the perusal of the impugned order. It has also been contended that there being no three months notice or three months salary in lieu thereof, therefore, the order impugned is per se bad in law.
During the course of arguments, Counsel for the Urdu Academy has produced the resolution of the Executive committee, which reveals that the the Executive Committee has resolved to compulsorily retire the petitioner and if required, necessary notice be issued. However, the Secretary has passed the impugned order contrary to the resolution and appears to be punitive in nature.
Considering the facts and circumstances of the matter, prima-facie a case for interim relief is made out.
Admit.
Issue Notice. As respondents are represented, no fresh notice be issued.
As prayed three weeks time is allowed for filing counter affidavit. Rejoinder Affidavit may be filed in two weeks thereafter.
In the meantime, operation and implementation of the impugned order of compulsorily retirement dated 31.8.2015 passed against the petitioner by opposite party no.4 shall remains stayed.
Order Date :- 23.11.2015 MH/-