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2019 Supreme(All) 2179
IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
P.K. Jaiswal, Jaspreet Singh, JJ.
Sudhir Kumar Saxena and Others – Appellants
Versus
State of U.P. and Others – Respondents
Misc. Bench Nos. 18001 of 2019, 19102, 19139 of 2017, P.I.L. Civil No. 13388 of 2019
Decided On : 16-11-2019
Advocate Appeared:
For the Appellants : Gaurav Mehrotra, Laltaprasad Misra, Dhruv Mathur, Rajesh Chandra Sinha, Birendra Kumar Yadav, Santosh Kr. Yadav Warsi.
Headnote:
Uttar Pradesh Public Services (Tribunal) Act, 1976 – Section 3 (8) – Writ petitions raises challenge to amendment brought by means of Uttar Pradesh Public Services Tribunal Amendment Act by which Act has been amended. Prior to Principal Act, provided that Chairman, Vice-Chairman or Members shall not hold office after attaining the age of 70 years in case of Chairman and 65 years in case of Vice-Chairman or any other members, by means of Amending Act this age of superannuation has been reduced to 65 years in the case of Chairman and 62 years in case of Vice-Chairman or any other members –Held, Court is of the considered opinion that Section 3(8-c) as incorporated by Amending Act No. 4 of 2017 works unreasonably and it effects the functionality of the Tribunal which renders it against the public interest and also being arbitrary and not having any rational and nexus with the object and purpose for which the Tribunal was formed consequently untenable – Petitions allowed. (Para’s 134, 135).
Facts of The Case:
Writ petitions raises challenge to amendment brought by means of Uttar Pradesh Public Services Tribunal Amendment Act by which Act has been amended. Prior to Principal Act, provided that Chairman, Vice-Chairman or Members shall not hold office after attaining the age of 70 years in case of Chairman and 65 years in case of Vice-Chairman or any other members, by means of Amending Act this age of superannuation has been reduced to 65 years in the case of Chairman and 62 years in case of Vice-Chairman or any other members.
Finding of The Court:
Court is of the considered opinion that Section 3(8-c) as incorporated by Amending Act No. 4 of 2017 works unreasonably and it effects the functionality of the Tribunal which renders it against the public interest and also being arbitrary and not having any rational and nexus with the object and purpose for which the Tribunal was formed consequently untenable.
Result: Appeal Allowed.
ORDER :
1. These batch of writ petitions raises a challenge to the amendment brought in the Uttar Pradesh Public Services (Tribunal) Act, 1976 (hereinafter referred to the Principal Act) by means of Uttar Pradesh Public Services Tribunal Amendment Act No. 4 of 2017 (hereinafter referred to the Amending Act of 2017) by which Section 3 sub-section (8) of the Principal Act has been amended. Prior to the Amending Act of 2017, the Principal Act, provided that the Chairman, Vice-Chairman or Members shall not hold office after attaining the age of 70 years in the case of Chairman and 65 years in the case of Vice-Chairman or any other members. However, by means of Amending Act 2017, this age of superannuation has been reduced to 65 years in the case of Chairman and 62 years in the case of Vice-Chairman or any other members.
2. Another sub-section (8-c) has also been introduced by the Amending Act of 2017 whereby it provides that the provisions of sub section (8) as amended by Amendment Act of 2017 shall also apply to the Chairman, Vice-Chairman or Member holding office on date of the commencement of the said Act.
3. For clarity the provision of Section 3(8) as it stood prior to the enactment of the Amending Act No. 4 of 2017 and after its amendment is being reproduced herein-after:-
| Section 3(8) - prior to Amending Act of 2017 | Section 3(8) - After the Amending Act of 2017 |
| (8) The Chairman, Vice-Chairman or other member shall hold office as such for a term of five years from the date on which he enters upon his office but shall be eligible for re-appointment for another term of five years: | (8) The Chairman, Vice-Chairman or other member shall hold office as such for a term of five years from the date on which he enters upon his office but shall be eligible for re-appointment for another term of five years: |
| Provided that no Chairman, vice-Chairman or member shall hold office as such after he has attained: | Provided that no Chairman, vice-Chairman or other member shall held office as such after he has attained: |
| (a) in the case of Chairman, the age of seventy years. | (a) in the case of Chairman or Vice-Chairman, the age of sixty-seven years. |
| (b) in the case of Vice-Chairman or a other member, the age [of sixty five years]. | (b) in the case of any other member the age of sixty-five years. |
| (8-a) The Provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal Amendment) Act, 2007 shall apply also to the Chairman, the Vice-Chairman and other members holding office on the commencement of the said Act. | (8-a) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act, 2007 shall apply also to the Chairman, the Vice-Chairman and other members holding office on the commencement of the said Act. |
| (8-b) The Provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal Amendment) Act, 2013 shall apply also to the Chairman holding office on the commencement of the said Act. | (8-b) The Provisions of sub-section (8) as amended by the Uttar Pradesh Public Services (Tribunal Amendment) Act, 2013 shall apply also to the Chairman holding office on the commencement of the said Act. |
| (8-c) The provisions of sub-section (8) as amended by the Uttar Pradesh Public Service (Tribunal) (Amendment) Act, 2017 shall apply also to the Chairman, Vice-Chairman, or a member holding office on the commencement of the said Act. |
4. It is this Amending Act No. 4 of 2017 which has been challenged before this Court by means of the four writ petitions which have been clubbed together as they all involve similar questions of law hence they have been heard together.
5. The leading petition No. 18001 (M/B) of 2019 has b
