Chief Justice's Court Case :- SPECIAL APPEAL No. - 1196 of 2010 Petitioner :- Har Charan Respondent :- State Of U.P. Thru. Sec. Basic Edu. Lko. And Others Petitioner Counsel :- P.K. Dubey,Dharampal Singh,S. Niranjan Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
The appellant who is a Head Master in Senior Basic School
has been served with an order dated 7th April, 2010 retiring
him from service with effect from 30th June, 2010. The date
of birth of the appellant is 1st July, 1948.
The contention raised by Sri Dharmapal Singh learned
Senior Counsel for the appellant is that the appellant is
entitled to continue in the next session i.e. after 30th June,
2010 till 30th June, 2011. Sri Singh relies on the provisions
of Rule 29 of the U.P. Basic Education Teachers Service
Rules, 1981 read with Rule 2(aa) of the same rules.
We find that the issue is no longer res-integra as it already
stands answered by a learned Coordinate Bench of this
Court in the case of Ram Lal Prasad Vs. State of U.P. and
others, reported in 1987 UPLBEC 566 (Paras 26 to 28).
A judgment of a learned Single Judge of the Lucknow Bench
to the contrary in the case of Mannu Lal and others Vs. State
of U.P. and others reported in 2004 (2) AWC 1005 (LB) has
been relied on by the learned counsel.
It appears that the judgment of the Division Bench in the
case of Ram Lal Prasad (supra) was not brought to the
notice of the learned Single Judge in the case of Mannu Lal
(supra).
In view of the judgment in the case of Ram Lal Prasad
(supra) the judgment in the case of Mannu Lal and others
(supra) stands overruled.
The appeal accordingly stands dismissed.
(A.P. Sahi,J.) (F.I. Rebello,CJ.)
Order Date :- 4.8.2010
Sahu