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Shayma Devi Saini W/O Om Prakash Saini Vs State of U.P.Thru Prin.Secy.Social Welfare & Others

Date of Decision: June 8, 2009

Hon'ble Judges: Bala Krishna Narayana, J

Final Decision: Allowed

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Judgement

Heard learned counsel for the petitioner and the learned Standing Counsel for the opposite parties no. 1, 2 and 3.

Issue notice to the opposite party no.3 returnable within six weeks.

Steps be taken within a week.

All the opposite parties are granted six weeks'' time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List after expiry of the aforesaid period.

Keeping in view the Government Order dated 16.06.2005 contained in Annexure17 to the writ petition as well as the judgment of this Court at

Allahabad dated 06.04.2007 passed in Writ Petition No.21189 of 2005, primafacie case is made out for interim relief.

Accordingly, as an interim measure, the petitioner shall be permitted to continue service upto the age of 62 years or till the said date of listing,

whichever is earlier.