State Of U.P. & Ors vs Hirendra Pal Singh Etc

3. Facts and circumstances giving rise to these appeals are that the respondent no.1 in first case was appointed as a District Government Counsel (Revenue-1), Agra vide order dated 30.11.1988 for a fixed tenure. His term was renewed from time to time upto 31.12.1992. The proposal for renewal of his tenure was forwarded by the District Magistrate, Agra in 1993 and 1996, however, no order was passed on the said proposals. Ultimately, the State Government passed an order dated 2.12.1998 dispensing with the services of the said respondent. Being aggrieved, he preferred Writ Petition No.3867 of 1998 challenging the order of dispensing with his services, wherein the interim order was passed that the said respondent would be allowed to continue till further orders of the court. Thus, he continued to work under the said interim order till 2008, when the provisions of L.R. Manual were amended with effect from 13.8.2008, reducing the 2 age of District Government Counsel from 62 to 60 years. As he had already completed age of 60 years, thus was disengaged, whereby respondent preferred Writ Petition No. 11170(M/B) of 2009 praying therein to be permitted to continue upto 62 years. The High Court passed an interim order dated 30.11.2009 directing the State Authorities to consider his application for extension of service upto 62 years under the unamended provisions of the L.R. Manual.

4. Similarly, another order has been passed in Writ Petition No.7851 (M/B) of 2008 filed by the Association of District Government Counsel in representative capacity challenging the amendment dated 13.8.2008 to the L.R. Manual to the effect of dispensation of consultation by the District Magistrate with the District Judge, while making proposal to the State Government for appointment of such counsel, reducing the age of service from 62 years to 60 years. The High Court has stayed the operation of the amended provisions, and issued direction to consider applications for the Distt. Government Counsel for renewal in accordance with the unamended provisions of the L.R. Manual, till further orders. Hence, these appeals.

So far as the respondent District Government Counsel is concerned, admittedly, his term has not been extended/renewed by 5 passing any order after 1992. He had been continuing under the interim order dated 7.12.1998 passed by the High Court. There is nothing on record to show what has happened subsequent to the said order. However, we have been informed that the said writ petition is still pending and the said respondent continued to work under the said interim order till he attained the age of 60 years.

11. In view of the above, it is evident that even in government services where the terms and conditions of service are governed by the statutory provisions, the Legislature is competent to enhance or reduce the age of superannuation. In view of the above, it is beyond our imaginations as why such a course is not permissible for the appellant-State while fixing the age of working of the District Government Advocates.

More so, in the Ist case, the High Court, in spite of taking note that the petitioner therein had been working under the interim order of the court since December 1998, i.e. for twelve years entertained his second writ petition without deciding the first writ petition.

Therefore, question of revival of the repealed clauses of L.R. Manual in case the substituted clauses are struck down by the court, 16 would not arise. In view of this, the interim order would amount to substituting the legal policy by the judicial order, and thus not sustainable.

25. In view of the above, both the appeals succeed and are allowed. The impugned orders dated 30.11.2009 and 4.9.2008 are hereby set aside. However, in view of the peculiar fact-situation existing herein, the order (s), if any, passed by the State Authorities under the interim order dated 4.9.2008, would not be disturbed till the final disposal of the cases.

However, it is clarified that no observation made hereinabove shall be taken into consideration while deciding the writ petitions pending before the High Court as we have not expressed any opinion on merits and the above observations have been made only to examine the correctness of the interim orders passed by the High Court.

The appeals are disposed of accordingly. No costs.

.............J. (Dr. B.S. CHAUHAN) New Delhi, December 3, 2010 18