Virendra Saran, J. - (1.) Heard the learned counsel for the petitioner and the learned standing counsel.
(2.) Rajjan Lal Srivastava has challenged the order of his compulsory retirement dated 8-1-1993 which was communicated to him on 11-1-1993. It is stated in the writ petition that initially the petitioner was appoints as Junior Grade Clerk in Regional Food Controller's Office and he joined services on 6-1-1959. He was confirmed on 1-4-1959 on the said post the year 1964 the petitioner was confirmed on the post of Senior Account Clerk under R.F.C. On 15-3-1973 the petitioner was promoted as Senior Clerk under the Commissioner, Food and Civil Supplies, Lucknow an vide order dated 28-4-1981 of the Additional Commissioner, the petition was confirmed on the post of Senior Grade Clerk. The petitioner's wot was considered satisfactory. He crossed efficiency bar in the pay scale of Senior Clerk vide order dated 12-12-1986. After completing his ten year service, the petitioner was considered for selection grade in the scale Senior Clerk on 16-10-1986 and he was promoted to Selection Grade vie order dated 12-12-1986. After completing 16 years service the petitions was found fit for Selection Grade on 6-8-1991 vide Annexure 6 to the writ petition. It is further stated in the writ petition that the petitioner completed 50 years of age in the year 1986 and thereafter he was promoted Selection Grade and Super Time scale in the year 1991. The record show that in the year 1989-91 the case of the petitioner was considered by two successive spreeing committees and each time the case was deferred. However, Sri P.L. Punia, Commissioner on 8-1-1993 ordered the compulsory retirement of the petitioner.
(3.) As far back as on 23-1-1993, the learned standing counsel took time to file counter affidavit but no counter affidavit has been filed. The allegations made in the writ petition have thus remained unrebutted.;