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SAURABH SRIVASTAVA
Shiv Sagar Mishra – Appellant
Versus
District Basic Education Officer Kaushambi – Respondent
JUDGMENT :
(Saurabh Srivastava, J.)
Heard Sri Yash Padia, learned counsel for the petitioner and learned Standing counsel for the State respondents.
2. The present petition has been filed seeking following reliefs:
(b) issue a writ, order or direction, including a writ in the nature of mandamus restraining the respondents from taking further proceedings in pursuance of the letter dated 11.12.2008 referred by respondent No. 1 addressed to the Manager of the institution in question;
(c) issue a writ, order or direction, including a writ in the nature of mandamus restraining the respondents from interfering in the functioning of the petitioner as Clerk;
(d) issue a writ, order or direction, including a writ in the nature of mandamus directing the respondents to pay salary to the petitioner month-by-month as and when it fails due;''
3. It is the case of the petitioner that his services has been terminated vide order dated 11.12.2008 on
Long-term satisfactory service can outweigh initial technical disqualifications, especially when the employee is not at fault for the oversight.
The validity of termination of employment based on the age of retirement as specified in the Service Rules.
The main legal point established in the judgment is the entitlement to age relaxation and weightage for experience based on previous judgments and the peculiar facts of the case.
AICTE regulations mandating a retirement age of 65 for faculty are statutory and binding on all institutions, including private ones.
The issuance of writ of quo warranto requires evidence of unlawful usurpation of public office, and retired individuals typically lack standing to contest appointments under statutory rules.
Age limit for appointment can be relaxed for Scheduled Caste candidates, allowing for a maximum age of 40 years, thus quashing the cancellation of appointment.
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