DEVKI NANDAN AND 17 OTHERS Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-5-184
HIGH COURT OF ALLAHABAD
Decided on May 28,2018

Devki Nandan And 17 Others Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

Sunita Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) This bunch of writ petitions have been filed challenging the Government Order dated 30.10.2017 whereby the earlier Government Order dated 30.5.2008 has been rescinded. In the Government Order dated 30.5.2008, a provision was made that the Seasonal Collection Peons and Amins would not be deprived of the benefit of regular appointment on the ground of them having crossed the age of 45 years, in case, they are found otherwise eligible. It was provided that the Selection Committee in such cases shall forward its recommendations to the State Government for considering their cases for grant of age relaxation.
(3.) Some of the writ petitions tagged in this bunch have been filed challenging the orders of the State Government refusing to grant relaxation on the ground that there is no provision under the U.P. Collection Amins Service Rules, 1974 as amended by the Rules 2015 (in short "Rules, 1974") and Uttar Pradesh Collection Peon's Service Rules, 2004 as amended by the Rules 2016 (in short "Rules, 2004"), for grant of such relaxation. Both the recruitment rules provide the maximum age for regular appointment. Moreover, the U.P. Public Service Commission (Relaxation of Age Limit) Relaxation Rules, 1992 (in short "Relaxation Rules, 1992") which confers power upon the Governor to grant relaxation in maximum age limit in public recruitment, is a General Rule. The specific rules namely the Rules, 1974 and Rules, 2004 pertaining to recruitment of Seasonal Collection Amins and Peons to the regular post provides the maximum age limit, no relaxation can be given by invoking provisions of the Relaxation Rules, 1992, which is a General Rule, in absence of any such provision in the specific rules.;


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