- (1.) Heard learned counsel for the parties and perused the record. This writ petition has been filed for the following reliefs: - (a)Issue a writ, order or direction in the nature of certiorari quashing the interim injunction dated 23.12.94 (Annexure 3) issued by the respondent no. 2 and judgment and order dated 5.5.95 (Annexure 6) passed by the respondent no. 1. (b)Issue a writ, order or direction in the nature of certiorari quashing the plaint of Original Suit No. 1712 of 1994 (Annexure 1) pending in the court of Civil Judge, Kanpur City. (c)Issue any other and further writ, order or direction which may be deemed to be fit and proper in the facts and circumstances of the case. (d)Award costs of the writ petition in favour of the petitioners.
(2.) The facts of the case, in brief, are that Sri Tek Chandra Agrawal, respondent no. 3, filed Suit No. 1712 of 1994 for declaration of his correct date of birth and for permanent injunction to the effect that he may not be removed from service before he attains the age of superannuation computed from his correct date of birth. He was working as Assistant Engineer in Public Works Department. He alleged that his date of birth in his High School Certificate is wrongly mentioned as 1.1.1937 instead of 1.1.1938. The plaintiff-respondent had also moved an application for ad-interim injunction restraining the defendant-petitioner from retiring him from service on the basis of his date of birth as 1.1.1937. The defendant-petitioner sought time to file objection to the aforesaid ad-interim injunction application of the plaintiff-respondent.
(3.) The trial court vide order dated 23.12.1994 granted time to the defendant-petitioner for filing objection to the ad-interim injunction application (5-C-2) till 9.1.1995 and directed the parties to maintain status quo till then. Aggrieved by the order of the trial court dated 23.12.1994 the defendant-petitioner filed Misc. Appeal No. 1 of 1995 before the District Judge.;