Court No. - 83

Case :- WRIT - A No. - 4414 of 2021

Petitioner :- Amarjeet Singh

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Arvind Srivastava,Arvind Kumar

Tiwari

Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

This Court is convened through Video Conferencing.

Sri Arvind Srivastava, learned counsel for the petitioner

appearing through Video Conferencing and Sri I.S. Tomar,

learned Additional Chief Standing Counsel appearing on behalf

of the State.

This writ petition has been filed for the following reliefs:-

"(i). issue a writ order or direction in the nature of certiorari

quashing the order date 27.6.2017, passed by Senior Staff

Officer Homeguard and letter/order dated 6.7.2020 passed by

District Commandant Homeguard Pilibhit (Annexure no.7, 4 to

the writ petition)

(ii). issue a writ order or direction in the nature of mandamus

commanding the respondent authority to reconsidered the claim

of the petitioner for rejoining as Homeguard."

Learned counsel for the petitioner submitted that the petitioner

has worked for about more than 13 years as Homeguard and he

was removed from his service in the year 2004, declaring him

to be inactive for one year. Though, he has approached for

consideration of his claim for rejoining within six years

however, application was rejected erroneously.

Learned counsel for the State opposed the aforesaid submission

and pointed out that the petitioner has worked only from 2001

to 2004 as Homeguard and was removed on 13.4.2004.

Thereafter, petitioner kept silence and approached the

authorities belately for rejoining. The authorities by order dated

27.6.2017, rejected the claim of the petitioner on the ground

that he has approached after a period of six years and also he is

not eligible being not passed 10th class. Thereafter, petitioner

again went into sleep and filed a representation dated 2.7.2020,

the same was also rejected by the authorities by order dated

6.7.2020 on the ground that he has belately approached for

rejoining and he has not possessed minimum qualification

which is 10th class and he is also more than 50 years.

Heard learned counsel for parties and perused the records, it is

undisputed that petitioner was removed on 13.4.2007 and he

approached the authorities for rejoining in the year 2017 i.e.

after more than 10 years. The authorities have rightly rejected

the claim of the petitioner as he approached belately and he was

not even possessed minimum qualification for the post. The

second representation which was filed in the year 2020 was also

rightly rejected on the same ground. The petitioner was sleeping

on his claim and he has approached belately before the

concerned authorities and considering that the petitioner is not

even qualified for the post, no ground for interference is made

out.

Accordingly, this writ petition is dismissed with no order as to

costs.

Order Date :- 28.6.2021

A.Dewal