SRIDHAR PRASAD NIGAM Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1965-10-1
HIGH COURT OF ALLAHABAD
Decided on October 22,1965

SRIDHAR PRASAD NIGAM Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Cited Judgements :-

RAJNI SWAMI VS. SHAKUNTALA SHARMA [LAWS(ALL)-2009-5-244] [REFERRED TO]
SUDHA SHARMA VS. SHASHI BALA SHARMA [LAWS(ALL)-2012-8-56] [REFERRED TO]
NISHITH VERMA VS. REGISTRAR GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2011-7-128] [REFERRED TO]
SUDHA SHARMA VS. SHASHI BALA SHARMA [LAWS(ALL)-2012-8-133] [REFERRED TO]
HASHMAT ALI VS. STATE OF UTTAR PRADESH AND ANOTHER [LAWS(ALL)-1967-9-42] [REFERRED TO]
SURJIT KUMAR SINHA VS. STATE OF U P [LAWS(ALL)-2016-4-347] [REFERRED]
GANGA PRASAD VS. MUNNA LAL & OTHERS [LAWS(ALL)-2017-12-59] [REFERRED TO]
SHIROMANI SINHA VS. U.P.S.R.T.C. LUCKNOW [LAWS(ALL)-2018-3-503] [REFERRED TO]


JUDGEMENT

- (1.)WRIT Petition No. 1882 of 1964 has been filed by Sridhar Prasad Nigam, while Writ Petition No. 3054 of 1964 has been filed by Hashmat Ali Khan. In the first writ. petition the respondents are the State of Uttar Pradesh and the Collector of Kanpur. In the second writ petition the sole respondent is the State of Uttar Pradesh. Since common questions of law have been raised in both the petitions, they may conveniently be disposed of together.
(2.)SRIDHER Prasad Nigam (hereinafter referred to as Nigam) was a member of the Uttar Pradesh Provincial Civil Service (Executive), His date of birth, as alleged in the petition, is 14 January 1909. On 16 January 1964. Sri Nigram received an order dated 13 January 1964, which reads as follows: In exercise of the powers under Para, (f) of proviso 1 to Clause (a) of Fundamental Rule 56. Financial Handbook, Vol. II, Parts II to IV, as amended by the notification No. G-1. 194a/x 534 (19) 57, dated 19 October 1963, the Governor of Uttar Pradesh is pleased to order that Sridhar Prasad Nigam, Daputy Collector, Kanpur, stall retire from service on the expiry of three months from the date of service of this order on him. And than, by means of letter dated 7 March 1964, Sri G. S. Singhal, Assistant Secretary to the Uttar Pradesh Government, conveyed to the Accountant-General, Uttar Pradesh, the sanction of the Governor to the retirement of Sridhar Prasad Nigam, Deputy Collector, Kanpur, with effect from the forenoon of 17 April 1964. By means of Writ Petition No. 1882 of 1964 it is prayed that a writ of certiorari issued quashing the notice dated 13 January 1964, as amended by the order dated 7 March 1964. It is further prayed that a writ of mandamus, order or direction be issued directing the respondents not to interfere in any manner with the petitioner performing his duties until he attains the age of 58 years.
(3.)HASHMAT Ali Khan was initially in the employment of erstwhile State of Rampur, on the merger of Rampur in this State Hashmat Ali Khan was taken over in the Uttar Pradesh Provincial Civil Service (Executive) as a Deputy Collector with effect from December 1949. According to the averments made in the petition, his date of birth is 9 June 1909. On 10 April 1964 Government issued G. O. No. 3042/ii-A-79/1963. It reads: Whereas under G. O. No. 9393/11-A/1963, Hashmut Ali Khan, Deputy Collector, Kanpur, should retire from service on attaining the age of 55 years or on the expiry of three months from the date of the service of that order on you, whichever is later; And whereas the said order was issued before 1 January 1964 and double have arisha about its legality on the ground that it was issued before the said date; Now, therefore, the Governor has, in super session of the said order, ordered under Para. (1) of proviso 1 to Clause (a) of Fundamental Rule 56, contained in the Financial Handbook, Vol. II, Parts II to IV, as amended from time to time, that you be required to retire from service on the expiry of three months from the date of service of this notice on you, and you are hereby required to retire from service accordingly. On 8 July 1984 another order was issued convoying the sanction of the Governor to the retirement of Hashmat Ali Khan with effect from 16 July 1964. The Government Order and the order mentioned above were communicated to Hashmat Ali Khan. In Writ Petition No. 3054 of 1964, it is prayed that a writ in the nature of certiorari or like writ or direction may issue to quash the order of retirement dated 10 April 1964. There is also a prayer for the issue of a writ in the nature of mandamus to the respondent to treat the petitioner as continuing a member of the Uttar Pradesh Civil Service (Executive Branch) as heretofore. In addition, it has been prayed that any other relief as this Court may deem fit and proper be granted to the petitioner.
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