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2015 Supreme(All) 213

YASHWANT VARMA
SARWANAND MISHRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
P.K. Ganguly and Ashok Khare for the Petitioner; C.S.C. and Samir Sharma for the Respondent.

JUDGMENT

Hon’ble Yashwant Varma, J.—Heard Sri P.K. Ganguly in support of the writ petition and Sri Samir Sharma on behalf of the respondents.

2. This petition lays challenge to an order dated 11.7.2006 compulsorily retiring the petitioner from service at a time when he was posted as Civil Amin in the District Judgeship of Ballia and the order of the appellate authority dated 1.10.2012, rejecting the appeal/representation of the petitioner.

3. The salient facts which are necessary for disposal of the present writ petition are not really in dispute.

4. From the records it appears that the petitioner was initially appointed on 10.1.1977 and upon successful completion of his probation period was confirmed on the post of Amin. He continued to function as such and spent almost 29 years in the Judgeship.

5. In 2004, the case of the petitioner for compulsory retirement was considered by a Screening Committee constituted for the said purpose. The Screening Committee upon considering the service records did not recommend his compulsory retirement. In 2006, his case appears to have been again forwarded for consideration of the Screening Committee constituted by the District Judge, Ballia and p


















































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