- (1.) Learned counsel for the petitioner states that inspite of no more time accorded to file counter affidavit on behalf of respondent no.1, no counter affidavit has been filed.
(2.) As per record, this much is reflected that this Court vide order dated 20.4.2015 had proceeded to pass following order:- "By means of the present writ petition, the petitioner has prayed for quashing the order dated 14.01.2013 issued by the respondent No. 4 i.e. Commandant 49th Bn. P.A.C. Gautam B. Nagar reducing the pay of petitioner, the H.O.B. no. 35 and further to quash the Government Order No. Ve.Aa.-2-180(1)/Das-59(M)/2008 T.C. Dated 01.05.2012 In response counter affidavit is being filed by Satya Pal Singh presently posted as Assistant Commandant, 49th Bn. P.A.C. Gautam Budh Nagar. In the present matter, the Government Order is under challenge, it is expected from the respondent No. 1 that counter affidavit may be filed by senior officer not below the rank of Secretary, Finance, U.P. Government, Lucknow. On the request of learned Standing Counsel, list this matter after three weeks."
(3.) Thereafter the matter was listed on 1.7.2015, 1.10.2015, 14.1.2016, 18.1.2016, 25.1.2016, 13.4.2016, 22.4.2016 and again on 4.5.2016 the Court had proceeded to pass following order:- "As per the record this is much reflected that in the present matter the petitioner has prayed for quashing of the order dated 14.01.2013 issued by the Respondent No.4 i.e. Commandant 49th Bn. P.A.C., Gautam Buddh Nagar, reducing the pay of the petitioner, the H.O.B. No.35 and further to quash the Government Order dated 01.05.2012. In the present matter, counter affidavit has been filed by the Assistant Commandant, 49th Bn. P.A.C., Gautam Buddh Nagar. This Court vide order dated 20.04.2015 had asked the learned Standing Counsel that since the Government Order dated 01.05.2012 is under challenge in this writ petition, the Respondent No.1, Principal Secretary (Finance) Government of U.P., Lucknow, is liable to file counter affidavit and as such it has been directed that counter affidavit on behalf of the Respondent No.1 is to be filed by a Senior Officer not below the rank of Secretary (Finance) Government of U.P., Lucknow. Learned counsel for the petitioner states that thereafter the matter was listed on various occasions but the order dated 20.04.2015 has not been complied with. As a last opportunity, two weeks and no more time is accorded to learned Standing Counsel to comply with the order dated 20.04.2015. In case, the same is not being complied with, the Respondent No.1, Principal Secretary (Finance), Government of U.P., Lucknow, is to be present before this Court on 24.05.2016. List this writ petition on 24.05.2016." ;