ABDUL MANNAN JAFRI Vs. STATE OF U P

JUDGEMENT

(1.) The instant writ petition has been filed for issuing the appropriate writ or directions to the respondent-State to permit the petitioner to continue till he attains the age of 60 years and for issuing a writ of certiorari quashing the Rule 56 of Fundamental Rules in financial Hand book and the rules contained in the Subordinate Civil Courts Ministerial Staff Service Rules, 1947, which provides that Class III employees would be superannuated on attaining the ago of 53 years.

(2.) The petitioner is working as a Class III employee in the civil courts at Allahabad and he has challenged the vires of the aforesaid Rules providing the age of superannuation being fixed at 58 years on the ground that a learned Single Judge of this Court in writ petition No. 6896 of 1993, Girja Prasad Singh v. State of U. P. and others, decided on 12-7-1993, had observed that the ratio of the All India Judges Association v. Union of India, AIR 1992 SC 165 : (1991) 2 UPLBEC 1387 (SC) hereinafter called the All India Judges Association First Case) will apply also to the clerks and they may also be retired at the age of 60 years.

(3.) However, in pursuance of the All India Judges Association first case the relevant Rules in the State of U. P. have been amended providing that all judicial officers in the State of U. P. shall reach the age of superannuation on attaining the age of 60 years.