Dev Shankar Pandey vs State Of U.P. And Others
2011 Latest Caselaw 2944 ALL

Citation : 2011 Latest Caselaw 2944 ALL
Judgement Date : 22 July, 2011

Allahabad High Court

Dev Shankar Pandey vs State Of U.P. And Others on 22 July, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 40434 of 2011
 

 
Petitioner :- Dev Shankar Pandey
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Vinay Kumar Srivastava,Sanjay Kumar Srivastava
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

The petitioner is working as Matasaya Prasar Sahayak in the department of Director, Fisheries and Live-stock Department, U.P., Lucknow and claimed to be a State Government employee. He will become 58 years old on 31.7.2011. Vide letter dated 4.7.2011, the petitioner has been informed by the Mukhaya Karyakari Adhikari, Matasaya Palak Vikas Abhikaran, District Varanasi-respondent no. 4 that you are going to retire on 31.7.2011.

The contention of the petitioner is that in view of the Government Order dated 28.11.2001, the age of retirement has been fixed at 60 years to the State Government employees. The said notification is annexed as Annexure-4 to the writ petition. He submitted that considering the aforesaid Government Order dated 28.11.2001, the learned Single Judge of the Lucknow Bench in the case of Kalika Prasad vs. State of U.P. and others in Writ Petition No. 45 (SS) of 2005, in Writ Petition No. 59036 of 2006, Surya Bali vs. State of U.P. and others, in Writ Petition No. 62132 of 2007, Ram Prakash vs. State of U.P. and others and the learned Single Judge of this Court in Writ Petition No. 39043 of 2006, Jai Indra Dutta Sharma vs. State of U.P. and others and other connected writ petitions, has held that the petitioners shall be allowed to continue in service till the age of 60 years.

Learned Standing Counsel states that the decision of the learned Single Judge of this Court has been reversed in Special Appeal (State of U.P. vs. Pitamber).

Learned counsel for the petitioner submitted that the review petition has been filed in the Special Appeal, which is pending for consideration.

Learned Standing Counsel may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 29.8.2011.

Order Date :- 22.7.2011