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Allahabad High Court

RAJARAMversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Government Order fixing the retirement age of Shiksha Mitras at 60 years is not arbitrary, and the petition is dismissed.

Summary

Petitioner Rajaram, a former Shiksha Mitra who retired at the age of 60, filed a writ petition challenging a Government Order dated 17‑02‑2023 that fixed the retirement age for Shiksha Mitras at 60 years. He argued that the order was arbitrary because the retirement age for regularly appointed Assistant Teachers in primary schools had been extended to 62 years. The Court observed that the petitioner failed to demonstrate any arbitrariness in the order, noting that the service conditions of Shiksha Mitras differ from those of Assistant Teachers and that the matter involved a policy decision. Consequently, the Court found no ground to interfere with the Government Order. The petition to quash the order was dismissed.

Issues considered

  • Whether the Government Order fixing the retirement age of Shiksha Mitras at 60 years is arbitrary and violative of the principle of equality.
  • Whether a court can intervene in a policy decision relating to retirement age of a specific class of employees.

Subjects

  • retirement age
  • arbitrariness
  • policy decision
  • government order
  • service conditions
  • writ petition
  • Shiksha Mitra
  • Assistant Teacher

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 5554 of 2026

                                    Rajaram
                                                                                                  .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Balram Jee Verma
                                    Counsel for Respondent(s)                       :   C.S.C.

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Balram Jee Verma, learned counsel for petitioner and learned
                                    Standing Counsel for State-Respondents.

                                    2. Petitioner was appointed as a Shiksha Mitra and after attaining age of
                                    retirement of 60 years he retired on 30.08.2025. Now by way of present writ
                                    petition he has challenged a Government Order dated 17.02.2023 whereby
                                    maximum age of retirement of Skhikha Mitra was fixed as 60 years, on
                                    ground that age of retirement of Assistant Teachers working in Primary
                                    Schools was extended from 60 to 62 years, i.e., on ground of arbitrariness.

                                    3. Learned counsel for petitioner has not able to show any averment made in
                                    this writ petition that how impugned Government order is arbitrary so far as
                                    Shiksha Mitra is concerned in comparison to regularly appointed Assistant
                                    Teachers when admittedly service conditions of Shiksha Mitra and regularly
                                    appointed Assistant Teachers are different. Otherwise also, there is no reason
                                    to interfere with a policy decision.

                                    4. Accordingly case is made out to quash the Government Order dated
                                    17.02.2023. The writ petition is accordingly dismissed.
                                    April 20, 2026
                                    AK
                                                                               (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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