LALJI MISRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PETITIONER Lalji Misra who is a Sub-Inspector of Police, has filed this petition for issue of a writ in the nature of certiorari quashing the order, dated 18 September 1986 (annexure II to the writ petition), passed by Superintendent of Police, hardoi, requiring the petitioner to submit his pension papers on the assumption that be was born on 27 November 1928, and as such was due to retire on 30 November 1986, on attaining the age of 58 years. The petitioner's contention is that he is entitled to continue in service for one more year and is due to retire on 30 November 1987.

(2.) WHEN this petition came up for admission on 28 November 1986, the learned standing Counsel was directed to produce the original record of service of the petitioner and the petition was listed for final hearing and it was ordered that in the meanwhile the petitioner shall be deemed to be continuing in service though no work may be taken from him.

(3.) A very short point was involved in this petition and the same could be decided on the basis of entries in the service book and interpretation of the relevant rule. It was for this reason that the parties were not required to file counter-affidavit and rejoinder-affidavit and instead the original service book was summoned and date for final hearing was fixed. We have perused the original service book of the petitioner and have heard learned counsel for both the parties.