K. C. Agarwal, J. - (1.) THIS petition under Article 226 of the Constitution was filed by Devi Prasad Shukla and Dinesh Kumar Pandey on 7-9-1987 for a writ of quo warranto asking Dr. S. R. Singh, Principal, Moti Lai Nehru Medical College, Allahabad, to show as to under what authority he was continuing as Principal of the said Medical College after attaining the age of superannuation on 31-7-1987. The petitioners alleged that Dr. S. R. Singh, Respondent no. 2, was an usurper, having not been re-appointed as Principal by the State of U. P, on the post aforesaid.
(2.) A counter-affidavit was filed by Girdhari Lal Saxena, Section Officer in Medical Section-1, U. P. Civil Secretariat, Lucknow, stating that under Fundamental Rule 56 (a) of the Financial Hand Book, Volume II, Parts II to IV, as amended by "The Uttar Pradesh Fundamental (First Amendment) Rules, 1987", as notified by Notification No. G-2-496/X-534 (19)-57, dated July 28, 1987 Dr. S. R. Singh, respondent no. 2, was retained as Principal by an order of the State Government dated 31-7-1987. The Government Order is annexed as Annexure CA-I to the counter-affidavit. The relevant portion of this order reads : * * * * (Hindi portion omitted-Editor) Fundamental Rule 56 (a) of Financial Hand Book Volume II, Parts II to IV, is being reproduced as below : "56 (a)-Except as otherwise provided in other clauses of this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty-eight years. He may be retained in service after the date of retirement on superannuation, with the sanction of the Government, on public grounds, which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances." Under the provision noted above, on public grounds the State Government is empowered to retain a government servant even after attaining the age of 58 years, which is the retirement age of government servants of the State of U. P. Fundamental Rule 56 (a) requires that the grounds "must be recorded in writing :"
(3.) IN paragraph-8 (ii) of the counter-affidavit it is stated that : "The State Government had taken a policy decision that a member of teaching staff of the Medical College could be considered for grant of extension in service upto the age of 60 years if his work and conduct in service career has been such to justify grant of extension in public interest." Upon the aforesaid counter-affidavit being filed, the petitioners applied for amendment of the writ petition and challenged the validity of the notification empowering the State to retain a government servant after the age of superannuation. In the amendment application, the petitioners also referred to the Government Order dated 22-7-1987 laying down the guidelines which have to be taken into consideration before passing the retention order. The allegations were that by giving a go-bye to the guidelines and by taking an arbitrary decision on irrelevant grounds, the State Government granted extension to Dr. S. R. Singh.;