JUDGMENT Rakesh Tiwari, J.
1. Heard Counsel for the parties and perused the record.
2. The petitioner was initially appointed as Lekhpal. Thereafter, he was officiating on the post of Kanoongo in Tehsil Thakurdwara, District Moradabad at the relevant time. He alleges that his date of birth as entered in the service record is 8th January, 1933. At the time of filing of the writ petition the following ad- interim order was passed on 24.1.1991:
"Learned Standing Counsel prays for and is granted three weeks' time to file a counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List this writ petition for admission after the expiry of the aforesaid date.
Until further orders of this Court the respondents are restrained from retiring the petitioner on his attaining the age of 58 years. However, it is made clear that the petitioner will not be entitled to continue in service after he attains the age of 60 years."
3. By order dated 15th September, 1997 this Court directed the petitioner to file a supplementary affidavit indicating the exact date of entry in service as it is well settled by various judgments of this Court that those lekhapls who were appointed prior to 27.4.53 will retire at the age of 60 years and those who were appointed after the aforesaid cut-off date will retire at the age of 58 years.
4. In pursuance of the order of this Court dated 15.9.97 the petitioner filed an affidavit stating that his date of the appointment is 9.4.53 i.e. prior to the aforesaid cut-off date i.e. 27.4.53, therefore, he would retire on attaining the age of 60 years. The controversy involved in this case is covered by the decision given by this Court in Civil Misc. Writ Petition No. 11672 of 1989 connected with Writ Petition Nos. 14001 of 1989 and 13438 of 1989 which lays down that those lekhpals who are governed by the conditions laid down in G.O. dated 27.4.53 and who were appointed prior to 27th April, 1953 will be entitled to continue up to the age of 60 years and will superannuate on attaining the age of 60 years. In the counter affidavit this fact has been admitted by the respondents.
5. By an interim order of this Court the petitioner has worked till the age of superannuation i.e. 60 years. The petitioner shall be entitled to pensionary and retirements benefits of service till he attained the age of superannuation i.e. 60 years. The pension papers of petitioners shall be forwarded by the department for grant of pension and other retirement dues within a period of 10 days from today if not already sent and shall be finalized expeditiously within a period of three months.
6. With these directions, the petition is disposed of.
7. No order as to costs.