Allahabad High Court
SMT. USHA KIRANversusTHE JOINT REGIONAL DIRECTOR OF EDUCATION 12TH REGION AND ORS.
- Decided
Holding
The court held that because the petitioners had crossed the age of superannuation, the relief sought could not be granted.
Summary
The petitioners, Smt. Usha Kiran and Smt. Abha Tyagi, filed writ petitions challenging decisions of the Joint Regional Director of Education. The respondents argued that the petitioners had already attained the age of superannuation, rendering any relief sought impermissible. The court noted that despite notices to engage new counsel, the petitioners failed to do so. Relying on the fact that the petitioners were beyond the statutory retirement age, the court concluded that the relief could not be granted at such a belated stage. Consequently, the court dismissed both writ petitions.
Issues considered
- Whether relief can be granted to petitioners who have crossed the age of superannuation
- Whether the writ petitions can be entertained despite the petitioners' failure to engage new counsel
Subjects
- superannuation
- writ petition
- age limit
- dismissal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 19602 of 2006
Smt. Usha Kiran
.....Petitioner(s)
Versus
The Joint Regional Director Of Education 12th Region And Ors.
.....Respondent(s)
Counsel for Petitioner(s) : P.S. Baghel
Counsel for Respondent(s) : C.S.C., K.M. Asthana
Along with :
1. Writ - A No. 15099 of 2006:
Smt. Abha Tyagi
Versus
Joint Regional Director of Education and others
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. In both writ petitions, notice to engage another counsel was issued,
however, despite completion of service, petitioners have not engaged any
new counsel.
2. Otherwise also, as informed by Ms. Raavi Mishra, Advocate holding
brief of Sri K.M. Asthana, learned counsel for respondents that petitioners
have already crossed age of superannuation, therefore, relief sought
cannot be granted and writ petitions may be dismissed.
3. Considering aforesaid submissions that petitioners have already crossed
age of superannuation, relief sought in both writ petitions cannot be
granted at such belated stage.
4. In view of above, both writ petitions are dismissed.
(Saurabh Shyam Shamshery,J.)
May 5, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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