Ramesh Chand, Driver And 39 Ors. vs State Of U.P. And 3 Ors.
2015 Latest Caselaw 792 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - A No. - 31718 of 2015
 

 
Petitioner :- Ramesh Chand, Driver And 39 Ors.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Vijay Gautam,Ambrish Chatterji
 
Counsel for Respondent :- C.S.C.,Shivam Yadav
 

 
Hon'ble Ram Surat Ram (Maurya),J.

Supplementary affidavit filed today is taken on record. 

Heard counsel for the parties.

The writ petition has been filed for a mandamus directing the respondents to consider the candidature of the petitioner by granting age relaxation for the post of Driver in the respondent's department.

All the petitioners are working as drivers in New Okhla Industrial Development Authority, Gautam Budh Nagar. Now the regular vacancies of 59 post of drivers has been advertised for selection. However, the maximum age limit prescribed is 40 years. As the petitioners have completed the age of 40 years, the petitioners' candidature is not liable to be considered. In the advertisement, no quota has been assigned for the employees, who also discharging the function of drivers for a quite long period.

The counsel for the petitioners relied upon the judgment of Supreme Court in S.L.P. (Civil) No. 1439 of 2012  dated 6.2.2012 in which, the Supreme Court has directed to consider the claim of the petitioner granting age relaxation.

In the circumstances, the writ petition is disposed of with direction to respondents-3 and 4 to consider the candidature of the petitioners also along with regular selection, giving age relaxation to them.

Order Date :- 29.5.2015

Ashish Pd.