SHIV PRAKASH v. DISTT. BASIC EDUCATION OFFICER ETAWAH and ORS.
WRIA/19023/2002 · 2025-04-27
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65407 Court No. - 6 Case :- WRIT - A No. - 19023 of 2002 Petitioner :- Shiv Prakash Respondent :- Distt. Basic Education Officer Etawah And Ors. Counsel for Petitioner :- Sharad Kumar Srivastava,Kamlesh Shukla Counsel for Respondent :- C.S.C.,V.K.Saxena,Y.K.Saxena Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner and Sri Y.K.Saxena, learned counsel for the respondents.
2. Petitioner has challenged the advertisement dated 20.4.2002 by way of present writ petition filed in the year 2002.
3. This Court has passed following order on 8.5.2002:
" Respondents 1 & 3 are represented by learned Chief Standing Counsel. Issue notice to respondent no.2, steps may be taken within ten days. List on August, 2002 along with Writ Petition No.23064/2000. All the respondents may file Counter Affidavit by the next date. On the facts and circumstances and in view of the submission as made it is hereby directed that in the event of selection takes place pursuant to the Advertisement dated 20th April, 2002 that will abide by the final decision of this Court."
4. In pursuance of aforesaid order, respondent no.4 was appointed, who has worked and has retired on attaining the age of superannuation wayback in the year 2011.
5. The petitioner has also crossed the age of 60 years in the year
2019.
6. In the aforesaid circumstances, even if there is some merit in the argument of learned counsel for the petitioner, still in the interest of justice, prayers sought cannot be granted since it would not only amount to 'turning the clock back' but would adversely affect the respondent no.4 since during the pendency of present writ petition he has worked for 17-18 years and has retired also.
7. Writ Petition is accordingly disposed of. Order Date :- 28.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad