AYUSHMAN MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) (Delivered on this 23rd day of April, 2012) I.A.No.3 This is an application for amendment in the writ petition. 1. By the aforesaid application for amendment the petitioner seeks to implead Rajeev Lochan Tiwari, Satyendra Shah & Amit Kumar Sinha as party/respondents No.4, 5 & 6, respectively. The petitioner also seeks amendment in the pleadings as well as in the relief clause.

(2.) LEARNED counsel appearing for the petitioner submit that the Division Bench of this Court in Chhattisgarh Public Service Commission v. State of Chhattisgarh & Others1 and other connected matters held that the age for the post of Deputy Superintendent of Police is minimum 20 years & maximum 25 years. The State has changed the same to minimum 21 years & maximum 28 years in the Chhattisgarh Police Executives (Gazetted) Service Recruitment and Promotion Rules, 2005 (for short "the Rules, 2005"). The Government by notification dated 19th August, 2011 has further made amendment in the Rules, 2005 contrary to the judgment of this Court in Chhattisgarh Public Service Commission1 with retrospective effect from 1st July, 2008. Thus, it is submitted that the petitioner be permitted to incorporate necessary amendments in the pleadings as well as in the relief clause to the extent that the impugned notification dated 19th August, 2011 is unconstitutional and ultra vires.

(3.) FOR the reasons mentioned hereinabove and applying the well settled principles of law to the facts of the present case, the application (I.A.No.3) is allowed. The petitioner may take necessary steps to incorporate the amendment in the original writ petition and the amended petition may be filed within a period of one week. Thereafter, two weeks time is granted to the respondents to file return, if any, to the amended writ petition. Afterwards, two weeks time is granted to the petitioner to file rejoinder, if so advised.