RAMESH CHANDRA Vs. CHIEF INSPECTOR OF FACTORIES

JUDGEMENT

(1.) Petitioner was appointed as a Welfare Officer Grade III in Swadeshi Cotton Mills, Naini, Allahabad, respondent No.2 in accordance with the U.P. Factories Welfare Officers Rules, 1955 (hereinafter referred to as "the Rules") vide appointment letter dated 21.11.1985. He joined on 23.11.1985. On the date of appointment the petitioner was slightly overage. He was more than 26 years of age. His date of birth happened to be 1.3.1959. Petitioner applied to the State government for age relaxation. He contended that his prior service as Labour Welfare Officer with M/s. Kanpur Chemical (P) Ltd., Kanpur from 11.9.1984 to 21.11.1985 i.e. for one year two months and ten days be excluded and the relaxation in age by the said period be granted. The application of the petitioner was rejected vide order dated 4.11.1986 and consequently vide order dated 21.4.1987 the petitioner was informed that in view of prescribed age limit of 26 years, as he was found overage by eight months and 22 days on the date of appointment, his services would stand automatically terminated w.e.f. 21.5.1987.

(2.) The aforesaid two orders dated 4.11.1986 rejecting the application of the petitioner for exemption in age limit and the consequential order dated 21.4.1987 terminating his services have been assailed by the petitioner by filing this writ petition.

(3.) The parties have exchanged necessary affidavits and they have agreed for final disposal of the writ petition on the basis of the pleadings on record.