HARISH CHANDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Feeling aggrieved by a notice intimating the petitioner that he will retire on his attaining the age of 58 years, the petitioner filed the present writ petition claiming that he was entitled to continue in service till he attains the age of 60 years which according to him had to be or the age of superannuation. 2 Under the interim order granted by this Court on 28-7-1991. The petitioner was allowed to continue in service till his attaining the age of 60 years. It is not disputed that on attaining the age of 60 years, the petitioner ceased to be in service with effect from 30-6-1993. 3. Considering the facts and circumstances brought on record, it is apparent that the petitioner do not belong to category 'gha' and in his case the age of superannuation had to be treated as 58 years. 4. The learned counsel for the petitioner has stated that the petitioner does not want to press this writ petition and it may be dismissed. 5. Learned standing counsel representing the respondents had not disputed that the petitioner has worked during the period in question and has also been paid salary for the same. He does not press for any refund of the salary. 6. In the circumstances this writ petition is dismissed with the direction that the post retirement benefits the petitioner may be released treating his age of retirement to be 58 years only and the amount already paid to him towards salary for the period in question shall not be required to be refunded. Petition dismissed. .