Rajeev Gupta,

Sri Pramod Belwal, Advocate with Sri Deep Joshi. Advocate for the appellants.

Smt. Beena Pande, Advocate for respondent no. 1.

Sri N.C. Gupta, Standing Counsel for respondents 2 to 4.

2. On due consideration. Delay Condonation Application is allowed and the del in filing the Special Appeal is hereby condoned.

3. The learned counsel for the parties are heard on admission.

4. The appellants have filed this Special Appeal against the impugned judgment dated 27-08-2003 passed in Writ Petition No. 131 of 2001 (S/S) whereby the writ petition filed by original petitioner Jethu Prasad was dismissed.

5. Original petitioner Jethu Prasad filed the writ petition in the year 1991 for the following reliefs:

"(a) to issue an appropriate Writ, Order or Direction in the nature of Certiorari, quashing the impugned Sanction Order, dated 18-2-1991 ,as contained in Annexure '3', and the finally passed impugned order of Retirement, dated 19-7-1991, as contained in the Annexure '10' attached to the writ petition;

(b) to issue an appropriate writ, order or direction, in the nature of Mandamus, commanding the Respondents No.2 to 4, to allow the petitioner to continue to discharge his duty at