Court No. - 6 Case :- SERVICE SINGLE No. - 4168 of 2008 Petitioner :- Smt.Kamlesh Sharma Respondent :- State Of U.P.Thr.Prin Secy Social Welfare And 4 Ors Petitioner Counsel :- Tanuja Samvanshi Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri S. Chauhan, counsel for the petitioner and learned
standing counsel.
By this writ petition, the petitioner has prayed for quashing of
the earlier order/notice dated 13.2.2008 contained in
annexure-1 as well to modify the order dated 22.7.2005
contained in annexure-VIII to the writ petition. By the
impugned order it was directed that since the petitioner is
going to attain the age of 60 years on 12.7.2008, after giving
the benefit of complete month, the petitioner will be retired
on 31.7.2008.
On 24.7.2008, this Court passed an order to the effect that
as an interim measure, it is provided that the petitioner shall
be permitted to continue in service up to the age of 62 years
or till the next date of listing, whichever is earlier. On the
strength of this order, the petitioner has been continuing in
service. Learned counsel for the petitioner says that the
opposite parties on 31.7.2010, issued an order retiring the
petitioner on 31.7. 2010.
Learned counsel for the petitioner says that the petitioner
should have not been retired before completion of the
academic session, ending on 30.6.2011 in view of the
regulation 21 of Chapter-III of U.P. Intermediate Act, 1921,
which which provides that the teachers who retire between
2nd July and 30th June in any academic session,shall be
deemed to continue in service till the next academic session.
By the Govt. order dated 4.2. 2004, the age of retirement
has been extended from 60 years to 62 years. The said
Government order has been issued for non Government,
aided recognized Higher Secondary Schools. Thus the
petitioner has made out a case for continuance till the age of
62 years. It is further to be noted that in case where the age
of retirement of a teacher falls in between an academic
session, the teacher is deemed to continue till 30th June i.e.
end of the academic year. Although the petitioner shall
complete her age of superannuation, i.e. 62 years by
31.7.2010 but by virtue of Regulation 21 of Chapter-III he
shall continue till 30th June, 2011.
In view of the foregoing discussions, the order/ notice dated
31.7.2010 issued by opposite party no. 4, to the petitioner
retiring him on 31.7.2010, is quashed. It is held that the
petitioner is entitled to continue till 62 years of age and avail
the session benefit till 30th June, 2011.
The writ petition is disposed of with the aforesaid direction.
Order Date :- 2.8.2010
RKM.
Certified copy of this order shall be issued to the petitioner
today itself, if possible, on payment of usual charges.
Order Date :- 2.8.2010
RKM.