LAWS(ALL)-1970-12-8

IQBAL NARAIN SRIVASTAVA Vs. STATE OF U P

Decided On December 10, 1970
IQBAL NARAIN SRIVASTAVA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THESE are 5 connected writ petitions in which the question raised is common, that is, whe ther the petitioners could be retired on attaining the age of 55 years under the provisions of Rule 56 of the U. P. Funda mental Rules. Sri Iqbal Narain Srivastava (hereinafter referred to as Sri Srivastava) is the petitioner in Writ Petition No. 148 of 1968. He was working as a clerk in the Bench of Honorary Magistrates, Nawabganj, in the district of Barabanki in May 1966. On 3-5-1966 he received a communication from the Superintendent of the Deputy Commissioner, Barabanki, informing him that he had been placed under suspension by means of an order dated 3-5-1966. This was followed by a charge- sheet in which it was alleged that Sri Srivastava had demanded a sum of Rs. 2/- from Ram Sagar son of Sarju Prasad. The petitioner submitted his explanation. The Deputy Commissioner, Barabanki, respondent No. 2, issued a notice to Sri Srivastava calling upon him to show cause why the punishment of re moval from service be not awarded to him. Sri Srivastava submitted his reply and on 1-11-1966 the Deputy Commis sioner, Barabanki, passed an order re instating him on his post but made the following entry in his character roll:

(2.) WRIT Petition No. 943 of 1969 has been filed by Trilok Chand. He was working as a confirmed overseer in the Irrigation Department of this State and was posted in the Ramganga River Pro ject, Kalagarh. On 10-9-1968 a notice was served upon him under the signa tures of the Chief Engineer retiring him from Government service with effect from 14-10-1969 on his attaining the age of 55 years. Trilok Chand made a re presentation which was recommended by the Executive Engineer. On 8-8-1969 a copy of the letter No. 5826/E-2/35 Misc./69 dated 25-6-1969 addressed to the Director, Ramganga River Project, Kalagarh, was served upon Trilok Chand in which it was stated that he (Trilokchand) may not be allowed to con tinue in service after he had attained the age of 55 years. The order of the Chief Engineer retiring the petitioner on attaining the age of 55 years and not allowing him to continue until he had attained the age of 58 years has been challenged in this petition.

(3.) WRIT Petition No. 1040 of 1969 has been filed by Achal Behari Lal (here inafter referred to as Sri Lai). He was appointed in the State service in the office of the Agriculture Engineer (Trac tors), Lucknow, by the Chief Agriculture Engineer, U. P. He has alleged that even though he is a confirmed employee of the State, increments and salary due to him have not been given to him and for the redress of that grievance he made a re presentation to the higher authorities which annoyed the Director of Agricul ture, U. P., the respondent No. 1. It is further alleged that due to this annoyance the petitioner has been retired under the provisions of Rule 56 of the U. P. Funda mental Rules on his attaining the age of 55 years by means of the order dated 11-8-1969 passed by the Director of Agri culture U. P. It is further alleged that there are many public servants in the office where Sri Lal was serving who have crossed the age of 55 years and yet have not been retired. The petitioner made a representation on 3- 10-69 and also submitted a reminder in respect of it on 23-10-69. He was, however, inform ed by the Joint Director Agriculture that the Government did not think it fit to revise the order of his (Sri Lai's) com pulsory retirement. Sri Lal has filed this petition on the grounds, firstly that R. 56 of the U. P. Fundamental Rules is viola-tive of Articles 14 and 16 of the Constitu tion of India, secondly that discrimina tion has been practised against him, and thirdly that the order compulsorily retir ing him is mala fide. He has prayed for the quashing of the order compulsorily retiring him.