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2009 Supreme(All) 2642

C. K. PRASAD, P. C. VERMA
STATE OF U. P. AND OTHERS – Appellant
Versus
DUKH HARAN SINGH – Respondent


Advocates:
Counsel :
Ms. Sangeeta Chandra, Addl. C.S.C. and S.K. Kalia, Sr. Adv. (Amicus Curiae) for the Appellants.

JUDGMENT

Hon’ble C.K. Prasad, C.J.—This Special Appeal at the instance of respondent-appellants under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 arises out of a judgment and order dated 22.8.2008 passed by a learned Single Judge in Writ Petition No. 1378 (S/S) of 2008 whereby while allowing the writ petition, he has directed for payment of pensionary benefits to the petitioner.

2. Bereft of unnecessary details, short facts giving rise to the present appeal are that the writ petitioner-respondent, hereinafter referred to as the ‘writ petitioner’, was initially appointed as Collection Amin (Taquabi Amin) on 15.5.1972. Thereafter, the State Government took a decision to abolish the scheme under which the petitioner was appointed. Accordingly, a Government Order was issued to terminate the services of 14000 Collection Amins including the writ petitioner. Thereafter, a certificate was issued on 28.8.1975 by the District Agricultural Officer, Sultanpur certifying that the employment of the writ petitioner had been terminated with the abolition of post by the State Government by a Government Order and the writ petitioner had been treated as retrenched employee. Challenge m































































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