Court No. - 3
Case :- WRIT - A No. - 17055 of 2019 Petitioner :- Smt. Beena Rani And 14 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Pradeep Kumar Pandey Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari
Hon'ble Saral Srivastava,J.
Heard Sri Pradeep Kumar Pandey, learned counsel for the petitioners and Sri Shailendra Singh, learned Standing Counsel for Respondent Nos. 1,2 and 3.
The petitioners, who are fifteen in number, were working as Assistant Teachers with the respondent-Institutions and have retired on different dates between 2008 to 2012. The dates of retirement of petitioners have been stated in para 3 of the writ petition.
The petitioners claim that as per Rule 14 of U.P. Recognized Basic Schools, Rules, 1978 (for short, 'Rules, 1978') which was duly amended vide notification dated 25th October, 2005, the age of retirement of the petitioners was 62 years whereas they had been forced to retire at the age of 60 years.
In the aforesaid backdrop, the petitioners came up in the writ petition praying for the following relief:
"(i) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No.3 to pass appropriate order on the representation of the petitioner dated 31.7.2019 (Annexure No.2 to the writ petition)."
As is evident from the record that the petitioners have retired between 2008 to 2012 and more than eight years have passed since the date of retirement, therefore, in the aforesaid circumstances the petitioners cannot be granted relief as claimed by them on account of delay and latches in filing the present writ petition.
The writ petition lacks merit and accordingly dismissed.
Order Date :- 28.11.2019 Manish Tripathi