The court allowed an application for amendment in the prayer clause of Writ Petition No. 7115 of 2024. It also granted two weeks to the State to file a counter affidavit regarding retirement age and listed the matter afresh.
C.M. Application No. 2 of 2024 for amendment in prayer clause of W.P. 7115 of 2024 was allowed.
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Court No. - 5
Case :- WRIT - A No. - 7115 of 2024 Petitioner :- Col. Alok Singh Respondent :- State Of U.P. Thru. Chief Secy. Lko And 2 Others Counsel for Petitioner :- Ishan Baghel,Veena Vijayan Rajes Counsel for Respondent :- C.S.C.,Nirmit Srivastava,Vibhanshu Srivastava
Hon'ble Abdul Moin,J.
(Order on C. M. Application No. 2 of 2024)
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent nos. 1 to 2 and Shri Vibhanshu Srivastava, learned counsel for the respondent no.3/Nigam.
This is an application for amendment in the prayer clause of writ petition supported with an affidavit.
Learned Standing Counsel for the State-respondent nos. 1 to 2 and Shri Vibhanshu Srivastava, learned counsel for the respondent no.3/Nigam have no objection to the application for amendment.
On due consideration, the application is allowed .
Let the necessary amendment be incorporated within a week.
(Order on Petition)
Learned counsel for the petitioner contends that despite the order of this Court dated 30.08.2024 directing the respondents to file the counter affidavit, no counter affidavit has been filed by the State till date although the respondent no. 3-Nigam has already filed the counter affidavit.
Shri Vibhanshu Srivastava, learned counsel for the respondent
no. 3 states that it is a mandate of the State Government which is being followed so far as it pertains to the age of retirement and whatever decision is finally taken by the State Government it would be followed.
Thus, it is apparent that it is the State Government which is to file the counter affidavit which has not been filed despite sufficient opportunity having been granted.
Learned Standing Counsel for State-respondents prays for and is granted two weeks' and no more time to file a counter affidavit to which rejoinder affidavit may be filed within next one week.
Considering that only a short question of law is involved as also indicated in the order dated 17.10.2024, list thereafter as fresh.
Order Date :- 13.11.2024 Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether to allow an amendment in the prayer clause of the writ petition.
Whether to grant time to the State to file a counter affidavit.
How to list the petition further.
Col. Alok Singh
State Of U.P. Thru. Chief Secy. Lko
GUVCO Too
Nigam
Abdul Moin
Mohit Singh
As recorded by the court registry
5 orders share this CNR
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