B. M. Lal, J.@mdashHeard Sri Shashinandan, learned counsel for the petitioner, and learned Standing Counsel.
2. Vide order of this Court dated 671994, learned Standing Counsel representing the respondents was directed to verify the Rule in respect of sending a Government employee on deputation.
3. Learned Standing Counsel while referring Rule 3 of the U. P. Absorption of Government Servants in Public Undertaking Rules, 1984 which reads as under:
"Agelimit for deputation.No Government servant shall be permitted to go on deputation after he attains the age of 50 years."
contended that in case the petitioner has attained the age of 50 years on the date of the order impugned, he is not liable to be sent on deputation.
4. At this juncture, learned counsel for the petitioner submitted that petitioner has filed his High School Certificate, according to which his date of birth is 741940, as such the petitioner had already creased the agelimit of 50 years at the time of passing the order impugned i.e. on 731994.
5. This being so, the order impugned dated 731994 directing the petitioner to go on deputation contained in Annexure1, cannot be sustained and the same is hereby quashed.
6. In the result, the petition succeeds and is allowed. There shall be no order as to costs.
