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1992 Supreme(All) 909

V.K.KHANNA, M.C.AGARWAL
Vishwanath Lal Srivastava – Appellant
Versus
Sahayak Shiksha Nideshak (Basic) Vth Region – Respondent


Advocates Appeared:
For the Appellant : S.K. Varma

JUDGMENT :

M.C. Agarwal, J.

This writ petition seeks the relief of quashing of an order dated 10-7-1992 by which the Petitioner has been informed that he would retire from service on 31st July 1992, having attained the age of 58 years It is further prayed that the Respondents be directed to treat the Petitioner in service till he attains the age of 60 years.

2. We have heard the learned Counsel for the Petitioner and the writ petition is being disposed of at the admission stage itself in accordance with the Rules of the Court.

3. The Petitioner was employed as a Clerk in the office of the Regional Assistant Director of Education, Varanasi His date of birth is 28-7-1934 and he entered government service on 12-6-1956. According to him, as per the prevalent Rules, he should retire from government service on attaining the age of sixty years. No such rule has been mentioned in the writ petition or in the affidavit annexed thereto nor was cited before us at the time of arguments. The Petitioner has annexed to the petition a copy of Government order dated 26-7-1987 by which the U. P. Fundamental (First Amendment) Rules, 1987 were promulgated- This is Annexure I to the writ petition. It is pri













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