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AJOY NATH RAY, ASHOK BHUSHAN
U. P. POWER CORPORATION LIMITED – Appellant
Versus
SATYA NARAIN – Respondent
( 1 ) THIS is an appeal from an order of Honble Mr. Justice Sabhajeet Yadav passed on 10. 11. 2004 allowing the respondents writ petition and quashing the office order dated 31. 12. 2003 whereby the respondent was sought to be retired with retrospective effect from 31. 10. 2001.
( 2 ) HIS Lordship has ordered that the respondent should be treated as in service up to 30. 9. 2004 and the effect of this order is that the period of about nine months at the end of this period, when the respondent was not allowed to work, would not go as salariless for the respondent and the respondent would be entitled to receive salary and all other benefits for this period also.
( 3 ) SINCE it is an age determination matter, in a writ application, the basic facts need to be clearly looked into and understood. The writ petitioner joined service on 22. 10. 1961 as a Cleaner. For about 16 years he worked without any material event occurring.
( 4 ) THE service book was written up for the first time in 1977 at the instance of the employer The chief Medical Officer, at that point of lime, examined the respondent on 7. 9. 1977 and opined that he would be about 31 years
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