- (1.) A short Counter Affidavit has been filed on behalf of all the respondents. Learned counsels for all the parties agreed that the case may be finally heard and decided at the admission stage as contemplated under Chapter XXII, Rule 2 (Second Proviso) of the Rules of the Court, 1952 (as amended upto date).
(2.) Heard learned counsels appearing for the petitioner and Sri Vinod Swaroop, Additional Advocate General representing all the Respondents. Facts of the case, required for decision of this petition, are not disputed.
(3.) Ram Nihor Singh, petitioner, is a duly enrolled Advocate on the Rolls of the Bar Council of Uttar Pradesh. He is a regular legal practitioner of the district Court. He was appointed as Assistant District Government Counsel (Civil) in 1978 by the State Government to conduct cases on its behalf, as is evident from the perusal of the District Magistrates letter dated October 6, 1978(Annexure-3 to the Writ Petition). Vide Government letter February 3, 1980, addressed to the District Magistrate. Allahabad, Annexure-4 to the Writ Petition, petitioner was required to take charge as District Government Counsel (Civil) as an interim measure on adhoc basis in place of Satya Prakash Goyal, Advocate, the then out going District Government Counsel (Civil). Annexure 5 to the writ petition is a copy of the registered letter dated July 31, 1991 from U.P. Government to the district Magistrate, Allahabad, which contains list of advocates appointed by the Government as District Government Counsels (Civil) and Assistant District Government Counsel (Civil). The name of the petitioner appears at Serial no. 1 in the list. Letter of the Government, dated December 31, 1991, addressed to the petitioner (Annexure-6 to the Writ Petition) shows that his appointment as District Government Counsel (Civil) was extended by the Government subject to submitting certain certificates. The term was again extended vide Government letter September 6, 1996 (Annexure-7 to the Writ Petition) till 4th September, 1999. Government letter dated January 11, 2000 addressed to the District Magistrate, Allahabad filed as Annexure-8 to the Writ Petition shows that term of the petitioner was extended/regularised till January 2, 2001 i.e. till 60 years of age of the petitioner;