- (1.) This is a strange case wherein State of U.P. Its and authorities have filed this writ petition having failed in their misdeed of not allowing applicant - respondent no.1- Munney Lal to discharge his duties on the post on which he was appointed i.e. Collection Amin.
(2.) Record shows that claimant-respondent no. 1 was initially appointed on 15th December, 1964 and after attaining the age of superannuation on 31st July, 1990, retired from service. During this period, he was dismissed from service several times and every time order of dismissal was found illegal and set aside by Superior Authority. Last order of dismissal passed on 25.2.1984 was set aside by State Public Service Tribunal, Indira Bhawan, Lucknow ( hereinafter referred to as Tribunal ) vide judgment dated 25th January, 1990 in Claim Petition No. 13(1)1985.
(3.) The result is that claimant-respondent no.1 was never allowed to function on the post for almost 17 years and ultimately petitioner authorities succeeded in making him retire without discharging his duties. No action was taken by State Government against any erring officer who repeatedly passed illegal orders which did not sustain scrutiny on judicial side and every time the same were set aside.;