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2023 Supreme(All) 124

J. J. MUNIR
Subhash Chand – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surendra Kumar Chaubey, Marjeet Mishra
For the Respondent: Sanjeev Singh, Sumit Suri

JUDGMENT :

J.J. Munir, J.

1. Parties have exchanged affidavits.

2. Admit.

3. Heard Mr. Surendra Kumar Chaubey, learned Counsel for the petitioner and Mr. Sanjeev Singh, learned Counsel appearing on behalf of respondent Nos.3 and 4. Learned Standing Counsel has been heard on behalf of respondent Nos.1 and 2.

4. This writ petition challenges the order dated 03.10.2022 jointly passed by the Chairman and the Executive Officer of the Nagar Palika Parishad, Kairana, District Shamli, compulsorily retiring the petitioner from service as a Safai Nayak; or at least purporting to do so.

5. The case of petitioner is that he was appointed to the post of a Safai Karmi after his father resigned from the employ of Nagar Palika. The petitioner was appointed vide letter of appointment dated 4.12.1991. He has worked for a long period of time to the satisfaction of his employers and was never subjected to any disciplinary action. It is the petitioner's case that at the time of his appointment, he was required to submit his age and fitness certificates. The petitioner appeared before the Executive Officer of the Nagar Palika way back in the year 1991 and produced his Transfer Certificate relating to Class VI

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