STATE OF UTTAR PRADESH Vs. SWAMI SARAN SAKSENA

JUDGEMENT

(1.) This special appeal is directed against the judgment dated 17th of Sept., 1975 of a learned Singh Judge, allowing the writ petition of the respondent No. 1, filed against the order retiring him from service. The circumstances giving rise to this petition are these :

(2.) Before dealing with the points involved in this case, we wish to mention that Judicial Officers were previously under the control of the State Government, but by the notification issued on Sept. 30, 1967 the control has been taken over by the High Court. As a result thereof the State Government now has to act in matters of dismissal, removal, termination and revision in consultation with the High Court.

(3.) Reverting to the grounds of challenge, the main question is whether the petitioner, a temporary Government servant, who did not hold substantive appointment, could be retired by the Government in exercise of power conferred by Art. 465-A or Art. 465 of the Civi1 Service Regulations. Regulations 465 and 465-A, as adopted and applicable in the State of Uttar Pradesh, have been amended and substituted by a Notification No. Samanya 3-1932 X.915-73 dated Nov. 1, 1973. Admittedly, the Petitioner is governed by the amended regulations, we would, therefore, prefer to quote the aforesaid Articles for the convenience of reference :