Hon’ble Anil Kumar, J.—Heard Sri O.P. Tiwari, learned counsel for appellant, Sri U.N. Mishra, learned counsel for respondents and perused the record.

By means of present special appeal the appellant has challenged the order dated 5.3.2013 passed in Writ Petition No. 2285 (SS) 2007 (Dharam Avtar Srivastava v. District Judge, Unnao and others) by which the order of compulsory retirement of the appellant dated 30.3.2007 passed by District Judge, Unnao has been set aside, however, it was held that the petitioner is not entitled for any back-wages.

2. Facts in brief of the present case are that the order of compulsory retirement dated 30.3.2007 passed by District Judge Unnao has been challenged by the petitioner on three counts: (a) it was a malicious action on the part of opposite party (b) the record of the petitioner did not warrant a compulsory retirement and (c) that compulsory retirement has been resorted to as a measure of punishment which cannot be done.

3. By order dated 5.3.2013, the writ petition has been allowed, relevant observations are as under :

“Learned counsel for the petitioner has also taken the attention of the Court towards para No. 28 of the counter-affida