Rajesh Singh Chauhan,J. - (1.) Heard Sri Sharad Pathak, learned counsel for the petitioner, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents and Dr. Surendra Kumar Tripathi, learned counsel for the opposite party Nos.2 and 3.
(2.) This Court has passed the order dated 06.02.2019 as under:- "On 23.05.2018, the following order was passed by this Court: "In compliance of earlier order dated 17.05.2018, the learned Additional Chief Standing Counsel has produced the letter dated 18.05.2018 of the Controller U.P. Homeopathy Medicine Board, Lucknow, which has been sent to the Secretary, Anysh Department, Anubhag-2 for proposal that the employees of the board be also given the benefit of age of retirement. The letter dated 18.05.2018 is taken on record. It has also been submitted that the matter is pending before the Finance Department, Government of U.P. and after getting approval from the Finance Department, the matter would be placed before the Cabinet and only thereafter the necessary decision may be taken. Learned Additional Chief Standing has also submitted that minimum one month time may be consumed in passing the final order on account of the formalities indicated here-in-above. Since the petitioner is going to retire on 30.06.2018, therefore, it is expected that the Competent Authority to take any suitable decision, strictly in accordance with law, by 25.06.2018 so that the petitioner could know the fate of his matter before his retirement. However, if no decision is taken within the stipulated time and the petitioner retires from service, his retirement shall be subject to further order of this Court. List this case on 03.07.2018 as fresh" Today when the matter was taken up, learned counsel for the petitioner points out that no decision has been taken in this regard and the order passed by this Court has not been complied with. The respondent no. 1 shall file an affidavit indicating the reasons as to why the order passed by this Court on 23.05.2018 has not been complied with. List this matter on 06.03.2019 in the top ten cases."
(3.) In compliance of the aforesaid order, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has produced a letter dated 05.03.2019 preferred by the Special Secretary, Department of Ayush, Government of U.P., Lucknow to the office of the learned Chief Standing Counsel apprising that the Cabinet decision has been taken on 02.03.2019 for enhancement of age of retirement from 58 years to 60 years of the employees of Uttar Pradesh Homeopathic Medicine Board. It has further been indicated that since the Cabinet decision has been taken, therefore, the concerning rule shall be amended accordingly.;