RADHEY SHYAM Vs. STATE OF U P THRU PRIN SECY DEPTT OF REVENUE LUCKNOW & ORS
LAWS(ALL)-2018-8-177
HIGH COURT OF ALLAHABAD
Decided on August 07,2018

RADHEY SHYAM Appellant
VERSUS
State Of U P Thru Prin Secy Deptt Of Revenue Lucknow And Ors Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and Sri Vinod Kumar Singh, learned Additional Chief Standing counsel along with Sri Nitin Mathur, learned Standing counsel.
(2.) By means of the present petition, the petitioner has pryed for the following reliefs:- " Issue a writ, order or direction in the nature of Certiorari thereby quashing the part of impugned order dated 22.11.2017 passed by opposite party no. 2 contained as Annexure-1 to the writ petition. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties specially opposite party no. 2 and 4 to allow the petitioner to work on the post of Nazarat Peon in Collectorate, Bahraich and be paid salary to the petitioner. Issue any such other suitable writ, order or direction as the Hon'ble Court may deem just and proper in the facts and circumstances of the case; and Allow the writ petition with cost".
(3.) The case set forth by the petitioner is that he is a Class-IV employee having been appointed on 01.07.1980 on compassionate grounds under the Dying-In-Harness Rules and since then he is being working under the respondents. It is the case of the petitioner that he is also not being granted the benefit of the Assured Career Progression scheme which is admissible to an employee after ten years and sixteen years of service. The petitioner was placed under suspension on 23.10.2017 through an order a copy of which is annexure-2 to the writ petition by charging him of not taking any interest in the duties to be performed by him. Subsequently, vide order dated 22.11.2017, a copy of which is annexure-1 to the writ petition, the appointing authority by exercising the powers conferred upon him has compulsorily retired the petitioner in public interest.;


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