Arun Kumar Tewari vs State Of U.P.Through ...
2014 Latest Caselaw 2175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE BENCH No. - 1616 of 2001
 

 
Petitioner :- Arun Kumar Tewari
 
Respondent :- State Of U.P.Through Prin.Secy.Institutional And Anors.
 
Counsel for Petitioner :- H.P.Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Sharma,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

A resolution has been received from the Bar that the Advocates are abstaining from judicial work. However, we have heard learned Standing Counsel and perused the record.

The petitioner while working as Trade Tax Officer Grade-II has been retired compulsorily under Rule 56 of the Financial Hand Book vide order dated 31.03.2001 passed by the Commissioner Trade Tax, U.P., Lucknow and being aggrieved thereof the petitioner has preferred the instant petition and prayed for quashing of the same. The petitioner has also prayed for issuing direction to opposite parties to allow him to continue on the post of Trade Tax Officer Grade-II till he attains the age of superannuation.

While entertaining the petition on 21.11.2001, no interim order was passed by this Court.

Counter affidavit dated 02.04.2002 filed on behalf of the opposite parties is on record. In paragraph-10 of the counter affidavit it has been stated that the petitioner has been retired compulsorily after taking into consideration ten years earlier services. Otherwise also, the petitioner has already attained the age of superannuation.

In view of the above, this writ petition is dismissed being devoid of merit.

Order Date :- 29.5.2014

MVS Chauhan/-