LAWS(ALL)-2019-10-152

SURENDRA KUMAR SAXENA Vs. STATE OF U.P.

Decided On October 16, 2019
SURENDRA KUMAR SAXENA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This writ petition is directed against an order dated 28.5.2018 passed by the District Magistrate, Moradabad, whereby petitioner's claim for being appointed in the employment of State on account of his having worked earlier in census operation in the year 1991 and 2001, relying upon the Government Order dated 21.8.2007, has been rejected. The order impugned records that the Government Order dated 21.8.2007, as also other applicable Government Orders merely contemplates grant of relaxation in maximum age for regular recruitment, and does not provide either any preference or provision for absorption in the employment of State. It has been recorded that after issuance of Government Order dated 21.8.2007, no vacancy for un-reserved candidate has been advertised and, therefore, the question of granting any age relaxation to petitioner does not arise.

(2.) Petitioner's claim has been disputed by the authorities of State by filing two counter affidavits, which would be discussed later.

(3.) I have heard Sri Prabhakar Sinha learned counsel for the petitioner and Sri Sharad Upadhyay, learned Counsel for the State and have perused the materials brought on record. At the outset, it would be necessary to refer to essential facts which have given rise to filing of this petition.