Court No. - 36
Case :- WRIT - A No. - 10726 of 2018 Petitioner :- Smt. Saroj Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Swadesh Kumar Yadav,Anita Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the circular dated 09.01.2017 whereby the application has been notified for permission on the post of Mukhya Sewika from the post of Aganbari Karyakarti who have not been crossed the age of 50 years. The petitioners have attained the age of above 50 years and submit that there is no justification for discrimination between Aganbari Karyakarti for promotion on age criteria.
It is thus submitted that the petitioners are entitled for consideration for promotion on the post of Mukya Sewika. It is settled principle of law that fixation of age for promotion to the particular post is well within the jurisdiction of the administrative authority. The Court is not supposed to issue any direction to relax the maximum age fixed by the authority in absence of any provision in the rules. Reference may be made to the judgement of this Court in the case of Vijay Singh & others Vs. State of U.P. & others reported in 2005 (2) AWC 1191 (FB).
The writ petition is, accordingly, dismissed. Order Date :- 27.4.2018 Himanshu