- (1.) BY means of this writ petition, the petitioner claims following reliefs : - I. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to increase the upper age limit accordance with Government Order No.18/2/81 -Ka -2/2012 dated 06.06.2012 so the petitioner may apply and appear in the examination for the post of A.R.O. and R. G. C. in pursuance to advertisement no. A.R.O. and R.G.C./01/2014 dated 19.07.2014 advertised and published by respondent no.1. II. Issue the writ, order or direction in the nature of mandamus directing the respondents authorities to grant more time to the petitioner to apply for the post of A.R.O. and R.G.C. in pursuance to advertisement No. A.R.O. and R. G. C./01/2014 dated 19.07.2014 if necessary.
(2.) THE government order dated 06.06.2012, of whose benefit is being claimed by the petitioner, is infact, amendment to the Uttar Pradesh Recruitment to Services (Age Limit) Rules, 1972, whereby, the upper age limit for recruitment to all services and posts under the rule making power of the Governor has been enhanced from 35 to 40 years. The date of birth of the petitioner is 13th January, 1970. He was thus, 44 years 5 months and 27 days of age as on 01.07.2014. He contends that Rule 2 as amended, should be applied to the recruitment for the post of Assistant Review Officer and Routine Grade Clerk, which is being held in pursuance of the advertisement dated 19.07.2014. Thus, the upper age limit for general category candidates, would be 40 years and by giving relaxation of 5 years under 1st proviso to rule 25 of Allahabad High Court Officers and Staff (Condition of Service and Conduct) Rules, 1976, he becomes eligible for participating in the selection for the post of Assistant Review Officer and Routine Grade Clerk.
(3.) THE controversy stands concluded by judgement of this Court rendered today, in writ petition no. 41595 of 2014 Pramod Kumar Singh vs. High Court of Judicature at Allahabad and others, wherein it is held that Rule 2 of Uttar Predesh Recruitment to Services (Age Limit) Rules, 1972, as emended by notification dated 06.06.2012, would not apply to the recruitment in question, as these are posts under the High Court establishment, which are governed by Rules framed by the Chief Justice of this Court under Article 229 of the Constitution. In view of the reasons given in the said judgement, the instant writ petition lacks merit and is dismissed.;