- (1.) The petitioner, a former Judicial Officer of Uttar Pradesh, by means of this writ petition has challenged the order dated 17.5.2005 issued by the appointing authority i.e. His Excellency the Governor (annexed as Annexure-1 to the writ petition) whereby he was compulsorily retired from service under Rule 56(c) of the Uttar Pradesh Fundamental Rules on the recommendations of the High Court of Judicature at Allahabad (hereinafter referred to as the Court).
(2.) The brief facts giving rise to this petition are enumerated as under :- The Court formed a high level screening committee comprising of five Hon'ble Judges of this Court with a view to screen the Judicial Officers who had attained the age of 50 years. The Committee took into account the entire material on service record, character roll, or confidential reports of 542 Judicial Officers, who on 31.3.2005 had attained the age of 50 years. The Committee submitted its report dated 2.4.2005 that 28 Judicial Officers including the petitioner be retired compulsorily. The report of the Screening Committee dated 2.4.2005 was placed before the Hon'ble Chief Justice, who directed that the report be placed before the Full Court in its meeting held on 30.4.2005.
(3.) The Full Court in its unanimous decision recommended compulsory retirement of several judicial officers including the petitioner under Rule 56(c) of the Fundamental Rules. The appointing authority i.e. His Excellency the Governor issued order of compulsory retirement of the petitioner vide its office memorandum dated 17.5.2005. This order is under challenge in this writ petition.;