Anup Kumar Pathak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 31 of 2018 Anup Kumar Pathak S/o Shri R. N. Pathak Aged About 59 Years Working As District Sainik Welfare Officer Bilaspur Collect Orate Premises Bilaspur Chhattisgarh.

---- Appellant

Versus

1. State Of Chhattisgarh Through Secretary Department Of Home Affairs Mahanadi Bhawan Naya Raipur Chhattisgarh.

2. Union Of India Through The Secretary Ministry Of Defence Department Of Ex - Servicemen Welfare , 237 , B Wing Sena Bhawan New Delhi.

3. Director Directorate Of Sainik Kalyan Chhatisgarh, Court Premises , Behind Home Guard Office Raipur Chhattisgarh. ---- Respondents For Appellant : Shri Ali Asgar, Advocate For State : Shri R.K. Gupta, Deputy Advocate General Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per Thottathil B. Radhakrishnan, Chief Justice 23/01/2018

1. We have heard the learned counsel for the appellant and the learned Deputy Advocate General.

2. The petitioner/appellant works as Jila Sainik Welfare Officer. His plea is that he is entitled to continue 62 years of age. The stand taken by the State Government is that the petitioner/appellant can continue to work as Jila Sainik Welfare Officer only till the age of 60 years. The plea of the petitioner/appellant is founded on the fact that the State Government Service employees are entitled to continue till 62 years to attain superannuation. That is a debatable

issue, having regard to the materials on record. The learned Single Judge has adverted to the relevant facts and provisions and has issued a considered order while deciding the application for interim relief. We do not see any error of jurisdiction or legal infirmity in the decision of the learned Single Judge. Obviously, all questions will stand left open for consideration in the writ petition.

3. In the result, this writ appeal is dismissed. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Kamde