Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Delay Condonation Application (CLMA) No.2559/2008 Restoration (MCC) Application No.475 of 2008 On behalf of Mahmood Bux ……… Applicant/petitioner. IN Writ Petition (S/S) No.77 of 2000 Mahmood Bux ……… Petitioner Versus State of Uttarakhand through Secretary, Minor Irrigation, Govt. of Uttarakhand at Dehradun and others. …….. Respondents. …………… Sri B.D.Upadhyay, learned counsel for the petitioner. Sri Paresh Tripathi, learned Brief Holder on behalf of the State of Uttarakhand. Date: May 14, 2008. Hon’ble P.C.Verma,J. Heard the learned counsel for the parties. 2. Restoration application has been filed with delay to restore the writ petition which has been dismissed in default on 26.02.2008. The grounds mentioned in delay condonation application are satisfactory. The application is allowed and delay in filing the restoration application is condoned. 3. The restoration application is also allowed. Order dated 26.02.2008 is recalled and the petition is restored to its original number. 2 4. The writ petition has been filed on 05.12.2000 against the order dated 03.08.2000 whereby the respondent No.3 informed the petitioner that he will be retired from service after attaining 58 years’ age of superannuation on 30.11.2000. The petitioner was appointed as Drill Operator on 01.10.1963 in Ram Ganga Project Kalagarh and he has worked as such till 20.07.1977. Thereafter he was selected by the Selection Committee for the post of Pump Operator. He joined on the said post on 01.12.1979 in Irrigation Construction Division, Almora in the pay scale of Rs. 775-1025. The grievance of the petitioner is that he should have been retired from service at the age of 60 years and not 58 years as he joined on 01.12.1979 in the department much before the publication of Govt. Order dated 05.11.1985 cited by the respondent No.3. Learned counsel for the parties submitted that the petitioner has been retired from service on 30.11.2000. 3. Since the petitioner has been retired from service on 30.11.2000, the writ petition has become infructuous and is dismissed as such. Even otherwise the petitioner has attained the 60 years of age. However, two years’ service of the petitioner shall be counted upto 60 years of age for other post retiral dues, if applicable. (P.C.Verma,J.) 14.05.2008 P.Singh