Court No. - 18 Case :- SERVICE SINGLE No. - 4246 of 2010 Petitioner :- Badri Prasad Patahak Respondent :- State Of U.P.Through Its Secy. Higher Education Lko.And Ors. Petitioner Counsel :- Vinod Pandey Respondent Counsel :- C.S.C.,R.K.Srivastava Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioner, learned Standing Counsel
who has accepted notices for opposite parties no.1 and 2 and Shri
R.K. Srivastava who has accepted notices for for opposite parties
no.3 and 4.
Submission of learned counsel for the petitioner is that the
petitioner is working as a daily wager on a class IV post in the
College of opposite party no.3 since 1988 and several persons
junior to the petitioner were given regular appointment and
petitioner had been discriminated agaisnt by ignoring his
candidature and now the opposite parties are proceeding with the
regular selection and on 26.5.2010 an advertisement has been
published in this regard but the candidature of the petitioner is not
being considered on account of age bar.
Argument of the learned counsel for the petitioner appears to have
some force on account of the fact that the petitioner is working
with the opposite parties since 1988 and, therefore, his candidature
should be considered in accordance with the case of Yamuna
Shanker Sharma Vs. State of Rajasthan and others, 2007 (2)
SCC 611.
Considering the dictum of the Apex Court, it is hereby provided
that the candidature of the petitioner will be considered for regular
selection and the age bar shall not come in the way of the
petitioner.
With the above observations, the petition is disposed of finally.
Order Date :- 25.6.2010
Muk