STATE OF U P Vs. VISHWESHWAR DAYAL

JUDGEMENT

(1.) THE question for con sideration in this special appeal is whe ther appellant No. 1 was entitled to re tire the respondent from service com-pulsorily. Vishweshwar Dayal respon dent joined as a temporary Overseer in the year 1937. In 1963 he was promoted as a temporary Assistant Engineer. He held that post till December 1967. On 11-12-1967 the State Government passed an order compulsorily retiring him from service under Note 1 to Art. 465 of Civil Service Regulations. The order was challenged by Vishweshwar Dayal by filing a writ petition. The writ petition has been allowed by a single Judge of this Court. He has quashed the State Government's order dated 11-12-1967. The State of U. P., and two others have therefore filed the present special appeal.

(2.) APPELLANT No. 1 took action under Note 1 to Paragraph 465 of Civil Service Regulations. Note 1 is in these terms:

(3.) IN paragraph 16 of the writ petition it was stated that the petitioner earned leave preparatory to retirement amounting to 180 days. On this point, it was stated in the counter-affidavit that earned leave of the petitioner amounted to 120 days, while leave on private af fairs was due to him for 90 days. Be that as it may it is clear that in Decem ber 1967 leave amounting to several months was due to the petitioner. The question for consideration is whether loss of that earned leave vitiates the order dated 11-12-1967.