- (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. In the circumstances, impugned order dated 16-10-2000 (Annexure 1 to the petition) is quashed. The retirement age of the petitioner will be treated as sixty years and post retirement benefits will also be calculated treating the petitioner superannuation age to be sixty years. The writ petition is disposed of as above. Petition allowed. .;