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2022 Supreme(All) 1131

SAURABH SHYAM SHAMSHERY
Dharmendra Kumar Srivastava – Appellant
Versus
District Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Manish Nigam, Abhishek Bhushan, Yogesh Kumar.
For the Respondents: B.K. Shukla, K.R. Sirohi, P. Kumar, Sunil Ambwani.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. This writ petition has been filed seeking following relief:

    “(i) To issue writ order or direction in the nature of certiorari quashing the impugned order dated 06.04.1998 passed by respondent No. 1 (Annexure No. 1 to the writ petition).”

2. This Court has passed an order on 25.07.2022 which is extracted herein-below:

    “The petitioner was terminated from the post of Driver on the ground that he had not passed High-School Examination as provided under the relevant Advertisement/Rules.

Learned counsel for the petitioner has admitted that the petitioner had not passed High-School Examination and was only passed upto Class-IX. The impugned termination order has been challenged before this Court by way of filing the present writ petition. In the year 1998, interim order was passed, whereby the impugned termination order was stayed and since then, the petitioner is working, i.e. almost 25 years under the interim order. Presently, the petitioner is aged about 55 years old and age of superannuation is 60 years. During pendency of the writ petition, the petitioner has passed High-School Examination in the year 2001.

In these circumstances, considering that t

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