Court No. - 29 Case :- WRIT - A No. - 41321 of 2010 Petitioner :- Sikchhak Sangh, Acharya Narendra Dev Nagar And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- R. K. Maurya Respondent Counsel :- C. S. C.,Chandra Sharma Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
The petitioners are serving as teachers in the schools run by Nagar
Nigam. They have prayed for quashing the reports of Mukhya
Nagar Lekha Parishak dated 1.4.2006 and the order passed by the
Nagar Ayukt Shiksha dated 30.5.2006 asking them to submit an
option as to whether they would like to continue upto the age of 62
years and give up the benefit of gratuity.
Shri Chandan Sharma appearing for the Nagar Nigam has
explained that the benefits, which were earlier available under the
Government Order dated 30th March, 1983 extending the age of
retirement by 2 years. Earlier under Government Order dated 30th
March, 1983, if teachers retired at the age of 58 years, they were
entitled to pension and gratuity, and if they gave an option to retire
at the age of 60 years, they were only allowed pension. The benefit
of gratuity was not given to such optees. By Government Order
dated 4th February, 2004 this period has been extended by two
years upto 62 with same conditions.
Learned counsel for the petitioner states that the petitioners would
like to opt to continue upto the age of 62 years.
Let the counter affidavit be filed within four weeks. The rejoinder
affidavit may be filed within two weeks, thereafter. List on 21st
September, 2010.
If the petitioners want to continue upto the age of 62 years, they
will furnish their options within a fortnight, subject to the result of
the writ petition.
Order Date :- 26.7.2010
SP/