D. R. CHAUDHARY, J.

( 1 ) DR. Phool Chand Yadav, the petitioner herein, while working on the post of District Social welfare Officer, Sidharthnagar was served with an order dated 28. 9. 2000 (Annexure-8) issued by the State Government in exercise of its power under Rule 56 (c) of the Fundamental Rules, retiring him prematurely with immediately effect and three months salary was directed to be paid in lieu of the notice. The legality and validity of the order dated 28. 9. 2000 has been questioned by means of this writ petition.

( 2 ) THE facts, as borne out of the pleadings, are that the petitioner, while posted in the district ghazipur as District Social Welfare Officer, he went on medical leave from 25. 9. 1997. During leave period, his wife developed lever cancer which resulted in her death. When he went to join his duties, he was not allowed as one Ratan Kumar had been posted in his place by the Director, social Welfare. U. P. Lucknow. Aggrieved, the petitioner made a representation, which annoyed the Director Sri Kapil Dev who attached the petitioner to the office of the Director, Directorate of Social Welfare. U. P. . Lucknow. His attachment continued from January, 1999 up to

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