LAWS(ALL)-2018-8-194

DHARM AVTAR SRIVASTAVA Vs. DISTRICT JUDGE UNNAO

Decided On August 30, 2018
Dharm Avtar Srivastava Appellant
V/S
DISTRICT JUDGE UNNAO Respondents

JUDGEMENT

(1.) Heard Sri O.P. Tiwari, learned counsel for appellant, Sri U.N. Mishra, learned counsel for respondents and perused the record.

(2.) By means of present special appeal the appellant has challenged the order dated 05.03.2013 passed in Writ Petition No. 2285 (SS) 2007 (Dharam Avtar Srivastava v. District Judge, Unnao and others) by which the order of compulsory retirement of the appellant dated 30.03.2007 passed by District Judge, Unnao has been set aside, however, it was held that the petitioner is not entitled for any backwages.

(3.) Facts in brief of the present case are that the order of compulsory retirement dated 30.03.2007 passed by District Judge Unnao has been challenged by the petitioner on three counts: (a) it was a malicious action on the part of opposite party (b) the record of the petitioner did not warrant a compulsory retirement and (c) that compulsory retirement has been resorted to as a measure of punishment which cannot be done.