LAWS(ALL)-2019-7-228

ANUPATI RAM YADAV Vs. STATE OF U.P.

Decided On July 19, 2019
Anupati Ram Yadav Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner Anupati Ram Yadav, after serving Indian Air Force for 15 years from 10.08.76 till 31.08.1991 was appointed on 19.03.1996 on the post of Civil Judge, Junior Division in the State of U.P. on the basis of selection in the competitive examination.

(2.) The petitioner in the above circumstances has preferred this writ petition challenging not only the order of compulsory retirement but also the rejection of his representation against the adverse entry given by the Administrative Judge for the year 2007-08 and has prayed that he may be allowed to discharge his duties as Additional District and Sessions Judge the post which he was holding at the time of compulsory retirement and to pay him salary and all arrears accordingly. The parties having exchanged pleadings agreed for the final disposal of the writ petition at the stage of admission. Sri Anupati Ram Yadav, who appeared in person, submitted that the then District Judge and the Administrative Judge were annoyed with him and as such they have awarded adverse entry so as to ruin his career.

(3.) The petitioner had represented against the aforesaid withholding of integrity immediately on 06.03.2009 by filing a representation and the same was decided after about four years though under the U.P. Government Servants (Disposal of Representation against Adverse Annual Confidential Report and Allied Matters) Rules, 1995, such a representation ought to have been decided within four months or 120 days. Lastly, he submits that his entire service record which was otherwise unblemished was not taken into consideration before retiring him compulsorily.