- (1.) This petition is made under Article 226 by a Class IV employee in the judgeship of Bareilly. He is aggrieved by the order of the District Judge dated 30.4.2007 whereby he has been compulsorily retired under the U.P.Fundamental Rules 56 -C.
(2.) The present dispute arose in the following circumstances:- The petitioner was initially appointed on 27th April, 1982 as a sweeper at District Court Judgeship, Bareilly. In the Service Record his date of birth is recorded 1956. A Screening Committee comprising of District Judge as its Chairman, Special Judge,EC Act and Additional District Judge was constituted on 27.6.2006 to scrutinized the service records of those Class III and IV employees who had completed the age of 50 years of service, to find out their suitability and utility in service of the judgeship. The Screening Committee was constituted in terms of Government Order dated 26.10.85 and other relevant order issued from time to time.
(3.) The aforesaid Screening Committee had scrutinized the entire service record of the petitioner and other employees. The Committee had submitted its report on 28.2.2007 wherein it had recommended that the petitioner should not be continued in service in the public interest and he should be compulsorily retired. The report of Screening Committee was accepted by by the then District Judge Bareilly. Consequent upon, he issued the impugned order under the U.P.Fundamental Rules 56-C of the Financial Hand Book Vol.II (Part II to IV).;