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R.S. Singh v. State Of U.P. And Others - WRIT - A No. 16580 of 2006  RD-AH 7057 (31 March 2006)
Court No. 29
Civil Misc. Writ Petition No. 16580 of 2006
R.S. Singh ...................... ........Petitioner.
State of U.P. & others ......... Respondents.
Hon'ble V.M. Sahai, J.
Hon'ble Barkat Ali Zaidi, J
1. The petitioner is a Instructor ( Lecturer Drawing) in a institution of Engineering and Rural Technology, Allahabad. He has been retired at the age of 60 years on 7.3. 2006. His contention is that according to the G.O. dated 27.6.1988 ,( Annexure - 5 to the counter affidavit), he cannot be retired during the current academic session and his retirement will held good after the end of the Session i.e. 30th June, 2006 and his retirement is ,therefore, illegal and the respondent be directed to permit the petitioner in service till 30.6.2006 and is how this petition.
2. Counsel for the parties have been heard.
3. Learned counsel for the respondent Nos. 2 to 4 has opposed the prayer relying ON A Full Bench decision in the case of Prabhat Ranjan Sharma Vs. Director Technical Education U.P. Kanpur , 1998 All. C.J.,951 of this Court , wherein, it has been held that a teacher who has opted his retirement at the age of 60 years, cannot claim extension of service after attaining the age of 60 years and the aforesaid extension cannot be claimed as a matter of right and is subject to certain conditions contained in the Government Order referred to above This case will have no application here because subsequent to this decision, a fresh Government Order dated 21.2.2004 ( Annexure - 2 to the writ petition) has been issued that this benefit of service being continued till end of Sessions will extend also to those teachers who retired at the age of 60 or 62 years.
4. In this view of the matter, the other submission of the counsel for the Respondent Nos. 2 to 4 that the Government vide letter dated 6.10.1995 had already refused to extend this benefit to those who completed the age of 60 years, is of no avail to the respondents.
5. The Government Order dated 27.6.1988 laid down the following conditions , which have to be fulfilled in order that the services of Teachers may be continued till the end of academic year. The conditions areas follows:-
"(1) he has been actually teaching a particular subject regularly in accordance with the recommendation of the All India Technical Education Service Board;
(i) he has been holding the post of such teacher continuously atleast for three years and his work and conduct has been satisfactory;
(ii) no inquiry against him regarding misconduct and integrity is pending; and
(iii) his health is sound."
There is no averment in the counter affidavit of the respondents nor has been pointed out by their counsel that any of these disqualifications applied in the case of the petitioner.
6. In view of the Government Orders, referred to above, the petitioner is entitled to continue in service till the end of academic sessions i.e. 30.6.2006 when he has to retire from service.
7. Petition allowed. Ordered accordingly. A mandamus is issued directing the respondents to continue him in service upto 30.8.2006.
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