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Haridaspuri v. State Of U.P. Thru' Secretary Finance And Revenue And Others - WRIT - A No. 1402 of 2006  RD-AH 659 (10 January 2006)
HON. ARUN TANDON, J.
The claim of the petitioner for regular appointment as Collection Peon has been rejected under the impugned order dated 5.10.2005 on the ground that the petitioner had already attained the age of 45 years and further there is a ban imposed upon appointments under government order as mentioned in the impugned order itself.
So far as first ground mentioned in the impugned order is concerned the same is in accordance with the relevant government order and, therefore, cannot be said to be illegal in any maner. However under the Government Orders dated 26.6.2000 read with Government Order dated 26.11.2000 a power conferred grant relaxation in the outer age limit prescribed for such regular appointment and, therefore, the claim of the petitioner is liable to be referred for consideration to the Board of Revenue for relaxation in the outer age limit to similar effect is the judgment of this Court reported in 2001 Vol. 2 UPLBEC Page 1750 (Mohammad Irshad Vs. State of U.P. and others).
So far as the second ground is concerned the same is totally misconceived inasmuch as the State Government has already clarified that the ban imposed is not applicable in cases where regular appointment is to be offered under orders of this Court to Seasonal Collection Amins/Peons.
In view of the aforesaid the present writ petition is disposed of with a direction upon respondent District Magistrate, Moradabad to refer the claim of the petitioner for relaxation of the outer age limit to the Board of Revenue with reference to the government order dated 26.6.2000 read with government order dated 26.11.2000 within four weeks from today. Board of Revenue may take a decision in respect thereto within four weeks, thereafter.
Till such decision respondents may offer seasonal work to the petitioners in accordance with the seniority.
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