STATE OF U.P. Vs. ASHA RAM SHARMA

JUDGEMENT

(1.) The instant Special Appeal arises in respect of a judgment and order dated 2nd November, 2018 passed by a learned Single Judge in Writ A No. 44278 of 2004, (Asha Ram Sharma v. State of U.P. and Ors.). By the impugned judgment and order the learned Single Judge was pleased to allow the writ petition primarily on the basis of the Division Bench judgment of this Court rendered in the case of Rajiv Kumar and Ors. v. State of U.P. and Ors. Reported at 2011 (2) ESC 820 (All) (DB). According to the learned Single Judge, the issue sought to be raised in the writ petition was squarely covered by the aforesaid judgment of the Division Bench. The appellants before us are the State of U.P., its Joint Director of Education, Region-Varanasi and the District Inspector of Schools, Varanasi. For convenience, the impugned judgment and order is set out hereinbelow in its entirety:

(2.) The approval granted earlier to petitioner's appointment as a Class-IV employee has been cancelled by impugned order dated 22.04.2004 by District Inspector of Schools, Varanasi (hereinafter referred to as "DIOS") on the ground that petitioner was overage on the date of advertisement.

(3.) In the counter affidavit, the stand taken by respondents is that as per Group ''D' Employees Service (U.P.) Rules, 1985 (hereinafter referred to as "Rules, 1985"), petitioner was overage. It is contended that Rules, 1985 framed under Proviso to Article 309 are applicable to the holders of Civil Post and not applicable for appointment of Class-IV employee in recognized educational institution governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921") and Rules and Regulations framed thereunder.