DWARIKA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) We have heard Sri K. Shahi, learned Counsel for the appellant and Sri S.P. Singh appearing for the respondents.

(2.) The relevant facts giving rise to the present special appeal in brief are that the appellant-petitioner was appointed as peon in Judgeship Ballia on 1.2.1985 and thereafter he continued so in service. Sri Sarvesh Kumar Pandey on 4.6.2006 became District Judge, Ballia and he in view of the provision under Fundamental Rules of the Financial Hand Book Volume-2 constituted a committee consisting of one Additional District Judge as Chairman and Civil Judge (Junior Division) as member for screening of class-IV and class-III employees, who had lost their utility to the Judgeship, The committee after screening the list found as many as eight employees, out of which three were class-III employees and five were class-IV employees, who could be retired compulsorily. Consequently the committee recommended for compulsory retirement of those eight employees. The appellant-petitioner was one of them. The District Judge agreeing with the recommendation of the committee and exercising the powers under Fundamental Rules 56(c) of the Financial Hand Book Volume-2 paras 2 to 4 ordered for compulsory retirement of all the eight employees vide its order dated 11.7.2006.

(3.) The appellant-petitioner challenged his compulsory retirement by filing Civil Misc. Writ Petition No. 41874 of 2006, Dwarika Singh v. State of U.P. through Legal Remembrances Secretary Law U.P. Lucknow and another. The learned Single Judge dismissed his writ petition vide judgment and order dated 29.8.2006. The appellant-petitioner being aggrieved by the judgment and order passed by the learned Single Judge has preferred the present Special Appeal.