URMILA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India petitioners pray for issuance of a writ, order or direction in the nature of cerfiorart quashing U. P. Bal Vilkas Evam Pushtahar (Adhinasth) Sewa [Second Amendment), Rules 1998 (for short the Rules), in so far as they fix upper age limit as forty five years for appointment on the post of 'Mukhya Sewika'. Prayer for direction to the respondents to consider the candidature of the petitioners for appointment on the post of 'Mukhya Sewika.' has also been made.

(2.) In brief, the relevant facts of the case, as set out in the writ petition, are that petitioner Nos. 1 and 2 were appointed as anganbaris on 18.6.82 and 22.5.85 respectively under the Rules. They have since been working on the said post on payment of a fixed honourarium per month. They have completed more than ten years of service. It is stated that on 2.8.97 an advertisement was made inviting applications for appointment on the post of 'Mukhya Sewikas'. Petitioners applied for their appointments and thereafter also appeared in the written test, but subsequently the said examination was cancelled, therefore, petitioners could not be appointed on the said posts.

(3.) On 19.6.98 Rules were amended and upper age limit as forty five years, for anganbari Jearya katris, who have completed ten years of service was fixed. As on the relevant date, the petitioners although completed ten years' service, but became over age, therefore, in view of the said Rules they became ineligible for appointment on the said posts.