State of U. P. vs Hirendra Pal Singh etc.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(SC) 1174

State of U. P. – Appellant
Versus
Hirendra Pal Singh etc. – Respondent

JUDGMENT

B.S. Chauhan, J.

1. Leave granted.

2. These appeals have been filed against the interim orders passed by the High Court of Allahabad (Lucknow Bench) dated 4.9.2008 in Writ Petition No. 7851(M/B) of 2008 and dated 30.11.2009 in Writ Petition No. 11170 (MB) of 2009, by which the High Court has stayed the operation of amended provisions of the U.P. Legal Remembrancer Manual (hereinafter called L.R. Manual) and further directed the State Government to consider the applications for renewal of the all District Government Counsel whose term had already expired, resorting to the unamended provisions of the L.R. Manual and they be allowed to serve till they attain the age upto 62 years.

3. Facts and circumstances giving rise to these appeals are that the Respondent No. 1 in first case was appointed as a District Government Counsel (Revenue-1), Agra vide order dated 30.11.1988 for a fixed tenure. His term was renewed from time to time upto 31.12.1992. The proposal for renewal of his tenure was forwarded by the District Magistrate, Agra in 1993 and 1996, however, no order was passed on the said proposals. Ultimately, the State Government passed an order dated 2.12.1998 dispensing with th