ANJANI KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jay Prakash Gupta, learned counsel for the petitioner and Sri Rahul Malviya, learned Standing Counsel, who appears for State-respondents.

(2.) The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, writ petition is being decided at the fresh stage.

(3.) The case of the writ petitioner is that the writ petitioner being fully eligible and qualified in all respects, was appointed as a Forester/ Van Daroga, a Group 'C' post in the year 1991 in the Forest Department at Dehradun which is a part of State of Uttar Pradesh prior to U.P. Reorganization Act, 2000. It is also the case of the writ petitioner is that the writ petitioner's candidature is/ was considered for regularization in terms of the Subordinate Forest (Deputy Rangers and Foresters) Service Rule, 1951 read with the provisions contained under Uttar Pradesh Regularization of Daily Wages Appointment on Group 'C' Posts (Outside Purview of Uttar Pradesh Public Service Commission) Rules, 1998. The process for regularization stood commenced by the respondents and the writ petitioner was required to submit high school certificate and he appeared for physical walking test at Allahabad held on March, 2002. Thereafter on 26/3/2002, an order came to be passed by the respondents, regularizing the services of the writ petitioner. The writ petitioner joined as a regular employee on 1/4/2002. However to the under surprise of the writ petitioner, an order came to be passed by the Conservator of Forest, Varanasi Division, Varanasi whereby the regularization of the writ petitioner was cancelled on 7/5/2003 on the ground that on the date of the engagement, the writ petitioner was aged about 16 years 8 months and 28 days since the date of the birth was 1/10/1974.