Neutral Citation No. - 2025:AHC:83411 Court No. - 38 Case :- WRIT - A No. - 22727 of 2008 Petitioner :- Shiv Muni Ram Respondent :- State Of U.P. Thru Secy. Education And Others Counsel for Petitioner :- Ch. N.A. Khan,Dinesh Shankar Shukla,R.K.Singh Baghel Counsel for Respondent :- C.S.C.,Rajeshwar Singh Hon'ble Donadi Ramesh,J. Civil Misc. Amendment Application No.25 of 2025 1. Heard Sri Amrendra Nath Singh, Senior Counsel assisted by Sri D.S. Shukla, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Amendment application is allowed. 3. Let Necessary amendment be carried out. Civil Misc. Substitution Application No.26 of 2025 4. Substitution application is allowed. 5. Let necessary substitution be carried out. Order on Petition 6. The present writ petition is filed questioning the order passed by the 3rd respondent on 01.03.2008 retiring the petitioner from the post of Chowkidar. 7. Though the said order was questioned on the ground that service register was prepared on 22.10.2004 by the Principal itself. In the service record, the date of birth of the petitioner as recorded is 02.02.1948 but the fact remains that the petitioner's date of birth is 03.07.1959. Since this Court cannot go into and decide such disputed question of fact, therefore, this Court is not inclined to interfere with the impugned order. 8. Learned Senior Counsel appearing for the petitioner has submitted that though the petitioner has retired in month of March, 2008 and has also died on 02.12.2024 but post retiral benefit has not been released so far. 9. Considering the said submissions and without going into merits of the case, the present writ petition is disposed of directing the respondents to settle retiremental benefits of the petitioner within a period of three months from the date of receipt of the copy of this order. 10. It is needless to mention that the respondents shall settle the entire benefits including the interest as per applicable Rules. Order Date :- 19.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad