State of U.P. Thru Secy. Personal and 2 Ors v. Bihari Lal S/S 4216/2005

Court No. - 1 Case :- SPECIAL APPEAL No. - 927 of 2007 Appellant :- State Of U.P. Thru Secy. Personal And 2 Ors. Respondent :- Bihari Lal S/S 4216/2005 Counsel for Appellant :- Standing Counsel Counsel for Respondent :- H.G.S. Parihar,Indra Mani Pandey,Mohsin Iqbal,Rajesh Singh Chauhan,Zubair Hasan Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1The judgement impugned herein this special appeal has already been complied with by the State in its entirety.

¶2The respondent, who is the beneficiary of the judgment impugned herein is a Class-III employee. The only benefit which has been extended to the respondent employee is continuance in service up to the age of 60 years who otherwise would have retired at the age of 58 years.

¶3The respondent has actually served the department during the extended period. Thus, we do not see any scope for recovery of the salary which was paid to the respondent for the work and duties performed by him.

¶4That being so, the special appeal having lost its efficacy is accordingly dismissed.

¶5It is made clear that we have not opined anything on the issue of the retiral age and the judgement shall not be read as a precedent. Order Date :- 11.12.2023 kanhaiya High Court of Judicature at Allahabad, Lucknow Bench