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1953 Supreme(All) 302

AGARWALA, RANDHIR SINGH
Raj Kishore – Appellant
Versus
State of U. P. – Respondent


Advocates:
Niamatullah, H.K. Ghose and K.S. Varma, for Applicant; B.K. Dhaon and B.N. Roy, for Opposite Party (Nos. 1 and 2).

Judgement

AGARWALA, J. :- This is an application under Article 226 of the Constitution of India praying that a writ of mandamus, certiorari or such other writ as may be proper be issued declaring that the decision of the Government retiring the petitioner from service prematurely is illegal, void and inoperative, and directing that the petitioner be re-instated in his substantive post. The facts briefly stated are as follows :

2. The petitioner, Raj Kishore, entered Government service in the office of the Director of Agriculture, Uttar Pradesh, in the year 1923 as an apprentice and having worked on various posts rose to the position of Head Assistant in the pay-scale of Rs. 300-20-400. The petitioner had an unblemished record of service and got honoraria and special pay getting promotions sometimes superseding his seniors. In 1951 the Government of Uttar Pradesh, opposite party No. 1, on the recommendation of the Director of Agriculture, opposite party No. 2, appointed the petitioner in a leave vacancy as a Personal, Assistant to the Director of Agriculture, opposite party No. 2, in the pay-scale of Rs. 350-25-500. This was in consideration of his honest and efficient work and integr
























































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