Krishna Pal Singh vs State Of U.P. & Others
2012 Latest Caselaw 3689 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 41884 of 2012
 

 
Petitioner :- Krishna Pal Singh
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Siddharth Khare,Ashok Khare
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondents. He prays for and is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter along with the record of writ petition No.47626 of 2011, Radhey Shyam Tomar vs. State of U.P. and others and writ petition No.49986 of 2010, Smt. Mamta Devi vs. State of U.P. and others, showing the names of respective counsel in all the cases along with cause title.

It has been contended on behalf of the petitioner that at the point of time when he had been selected and appointed  as Principal in Ashram Paddhati Vidyalaya, Firozabad, then under the scheme of the things  Social Welfare Department of the State Government, he was fulfilling  the requisite eligibility criteria and the said selection in question was to be made till recommendations were made by the U.P. Public Service Commission. Petitioner submits that the said policy in question itself was interim in nature and at the point of time when the name of the petitioner was going to be considered for according renewal, the same  cannot be refused on the ground that the age prescribed therein has been crossed. Petitioner submits that for entering in service, maximum age has been provided for, but for exit, no maximum age has been provided for, accordingly, merely on the ground of over age, renewal cannot be refused. In identical circumstances in writ petition No.47626 of 2011 and writ petition No.49986 of 2010, this Court has proceeded to hold that Prima facie the restriction of overage imposed in regard to renewal of term of appointment does not appear to be justifiable, inasmuch as, the nature of appointment is interim till selections are made by the U.P. Public Service Commission. In such a situation and in this background imposition of such condition appears to be arbitrary and unreasonable.

Consequently,in the present case also matter of renewal be considered ignoring the aforementioned restriction of age, subject to fulfillment of other terms and conditions, and selection made, if already not given effect to, shall not be given effect to, till renewal is not considered, in accordance with law.

Order Date :- 24.8.2012

SRY