DISTRICT INSPECTOR OF SCHOOLS Vs. PRADUMN KUMAR GAUR

JUDGEMENT

(1.) RESPONDENT -appellant, aggrieved by order dated 9.11.1998, passed by a learned single Judge in Civil Misc. Writ Petition No. 26830 of 1997, has preferred this special appeal under Rule 5, Chapter VIII of the Allahabad High Court Rules.

(2.) MR . M.S. Pipersenia, learned standing counsel, appears on behalf of the appellant.

(3.) MR . M.S. Pipersenia, learned standing counsel, appearing on behalf of the appellant, submits that the entry made in the High School Certificate is decisive and, if that is taken into consideration, the writ petitioner -respondent ought to have been superannuated on 30.9.1994 and, therefore, direction of the learned single Judge, not to seek refund of the amount and treat the three years' period for the pensionary benefits, is illegal.