LAWS(ALL)-2002-7-15

RAM BODH DUBEY Vs. STATE OF U P

Decided On July 15, 2002
RAM BODH DUBEY Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. Harkauli, J. On 23-7-2001 the Standing Counsel was granted four weeks "and no more" for filing counter-affidavit. Despite that order no counter-affidavit has been filed. Thus, the averments in the writ petition remain uncontroverted.

(2.) IN view of the averment made in the writ petition, the petitioner who has retired as Medical Attendant which is Group-D post, was entitled to be continued in service up to the age of 60 years. The pay revision referred to in the impugned order (Annexure 1) cannot be the basis of denial of that benefit as held by a Division Bench of this Court in the case of Mohd. Umar v. State of U. P. , 1995 (13) LCD 1220.