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2010 Supreme(All) 1360

VIJAY MANOHAR SAHAI, RAJ MANI CHAUHAN
DWARIKA SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare, Nawal Kishore Mishra and K. Shahi for the Petitioner; K.R. Sirohi, C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Sri K. Shahi, learned counsel for the appellant and Sri S.P. Singh appearing for the respondents.

2. This intra Court appeal has been filed challenging the order of learned Single Judge dated 29.8.2006 passed in Civil Misc. Writ Petition No. 41874 of 2006.

3. The relevant facts giving rise to the present Special Appeal in brief are that the appellant-petitioner was appointed as peon in Judgeship Ballia on 1.2.1985 and thereafter he continued so in service. Sri Sarvesh Kumar Pandey on 4.6.2006 became District Judge, Ballia and he in view of the provision under Fundamental Rules of the Financial Hand Book Volume-2 constituted a committee consisting of one Additional District Judge as Chairman and Civil Judge (Junior Division) as member for screening of Class-IV and Class-III employees, who had lost their utility to the judgeship. The committee after screening the list found as many as eight employees, out of which three were class-III employees and five were Class-IV employees, who could be retired compulsorily. Consequently, the committee recommended for compulsory retirement of those eight employees. The appellant-petitioner was one of them. The Di








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