CHANDRA DHARI SINGH,J. - (1.) Special Appeal is preferred for assailing the correctness of the order dated 24.01.2018 passed by learned Single Judge in Writ A No. 3028 of 2018 by which learned Single Judge dismissed the writ petition.
(2.) Heard Sri. Ashok Khare, learned Senior Counsel assisted by Sri. Siddharth Khare for the appellant, Sri. Madan Mohan Chaurasiya, learned counsel for the respondent no.3 and learned standing counsel for the respondents no.1 and 2.
(3.) Brief facts of the case are that the appellant was appointed as Assistant Accountant in Uttar Pradesh Awas Vikas Parishad. He was deputed at "Sampatti Prabandh Karyalay," Uttar Pradesh Awas Avam Vikas Parishad, Rajajipuram Lucknow vide office order dated 06.01.1984. His date of birth is 11.07.1962 and, therefore, he is scheduled to retire from service on 10.07.2022 at the age of 60 years on attaining the age of superannuation. On 04.10.2017, an order has been passed by the Additional Commissioner and Secretary, Uttar Pradesh Awas Avam Vikas Parishad/respondent no.3, whereby the appellant-petitioner has been compulsorily retired from service from the date of order in exercise of the power under Fundamental Rules 56 (C) of the Financial Handbook. The order dated 04.10.2017 has been challenged before this Court by way of filing a writ petition (bearing Writ A no.48482 of 2017). Learned Single Judge has set aside the order dated 04.10.2017 vide order dated 27.10.2017. In pursuance of the compliance of the dated 27.10.2017 the appellant-petitioner was reinstated in service. On 07.12.2017, an order has been passed by the Additional Commissioner and Secretary, U.P. Awas Avam Vikas Parishad, Lucknow respondent no.3, by which the petitioner has again been compulsorily retried from service from the date of the order in exercise of the power under Fundamental Rules 56 (C) of the Financial Handbook. The order dated 07.12.2017 refers two Government Orders dated 26.10.1985 and 21.05.1998. The appellant filed a writ petition bearing No. 3028 of 2018 challenging the order dated 07.12.2017 passed by the respondent no.3. The learned Single Judge dismissed the aforesaid writ petition vide order dated 24.01.2018 with observation that the order dated 07.12.2017 may not be set aside merely on the ground that adverse remarks of the confidential report were uncommunicated to the appellant.;