State Of U.P. Thru Secy. Personal And 2 ... vs Bihari Lal S/S 4216/2005
2023 Latest Caselaw 34710 ALL

Allahabad High Court

State Of U.P. Thru Secy. Personal And 2 ... vs Bihari Lal S/S 4216/2005 on 11 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:81258-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 927 of 2007
 

 
Appellant :- State Of U.P. Thru Secy. Personal And 2 Ors.
 
Respondent :- Bihari Lal S/S 4216/2005 
 
Counsel for Appellant :- Standing Counsel
 
Counsel for Respondent :- H.G.S. Parihar,Indra Mani Pandey,Mohsin Iqbal,Rajesh Singh Chauhan,Zubair Hasan
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Om Prakash Shukla,J.

1. The judgement impugned herein this special appeal has already been complied with by the State in its entirety.

2. The respondent, who is the beneficiary of the judgment impugned herein is a Class-III employee. The only benefit which has been extended to the respondent employee is continuance in service up to the age of 60 years who otherwise would have retired at the age of 58 years.

3. The respondent has actually served the department during the extended period. Thus, we do not see any scope for recovery of the salary which was paid to the respondent for the work and duties performed by him.

4. That being so, the special appeal having lost its efficacy is accordingly dismissed.

5. It is made clear that we have not opined anything on the issue of the retiral age and the judgement shall not be read as a precedent.

Order Date :- 11.12.2023

kanhaiya