- (1.) The Petitioner Nishith Verma aggrieved by order dated 11th January, 2007 (Annexure 3 to the writ petition) issued by Registrar General communicating decision of Hon'ble Chief Justice compulsorily retiring him in exercise of power under Fundamental Rule 56(c) from the post or Review Officer has sought a writ of certiorari quashing the aforesaid order in this writ petition filed under Article 226 of the Constitution of India.
(2.) The brief facts, as averred in the writ petition, are that the Petitioner was appointed as Routine Grade Assistant on 26th July, 1976, confirmed on the said post on 11th January, 1980, promoted as Lower Division Assistant on 1st August, 1983 and confirmed on the promoted post on 1st August, 1987. The Petitioner's conditions of service are governed by Allahabad High Court Officers and Staff Rules, 1976 (hereinafter referred to as "1976 Rules"). He was further promoted to the post of Upper Division Assistant on 14th August, 1996.
(3.) During the aforesaid period, he was elected and functioned as General Secretary, High Court Employees Association, from 1983 to 1996 and thereafter from 2003 to 2006. He is also holding the office of President, High Court IVth Class Employee Association since 1986. He was also elected as Secretary General of All India High Court Employee Association for the period of 1983 to 1986, 1988. to 1990, 1992 to 1994, 1994 to 1996, 1997 to 1999 and 2003 to 2007. He alleges that during this period being an office bearer of Association of Employees, for representing others, he used to met the officials of this Court and faced harassment in the hands of Respondents. An enquiry was initiated against him on the allegation of entering the chamber of the then Hon'ble Senior Judge B.N. Katju on 8th July, 1988 in respect whereto a charge sheet was issued to him and enquiry commenced in 1988. The alleged enquiry was not completed soon showing his harassment for last eighteen years.;