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Surendra Prasad Shukla & Others v. State Of U.P. Thru' Principal Secy. & Ors. - WRIT - A No. 46433 of 2005  RD-AH 8335 (2 May 2007)
Court No. 39
Civil Misc. Writ Petition No. 46433 of 2005
Surendra Prasad Shukla and others
State of U.P. and another
Civil Misc. Writ Petition No. 11023 of 2006
Smt. Surya Kanti Tiwari
State of U.P. and another
Hon'ble V.K. Shukla, J.
Heard Smt. Fashiha Fatma, Advocate, learned Standing Counsel and Sri A.C. Tiwari, for Nagar Nigam, Kanpur.
In both the writ petitions, petitioners have approached this Court for quashing of the action taken by respondents for not permitting the petitioners to continue to perform and discharge their duties till they attain the age of 62 years and for payment of salary since 01.07.2004 till they attain the age of superannuation.
In the district of Kanpur Nagar, there are various institutions which are run and managed by Nagar Nigam, strictly in consonance with the provisions as contained under U.P. Intermediate Education Act, 1921. In normal course of business teachers in said institutions are to attain the age of superannuation on 30.06.2004, but as in between State Government amended Chapter III Regulation 21 of the Regulations framed under U.P. Intermediate Education Act, 1921 on 04.02.2004, and by means of the same, age of superannuation has been extended from 60 to 62 years. Petitioners claim that as the institutions in question are duly recognized under U.P. Intermediate Education Act, 1921, as such they are also entitled to be superannuated at the age of 62 years and session benefit is also liable to be extended to them.
On presentation of writ petition, interim order had been passed in favour of petitioners and on the strength of said interim order, petitioners continued in service.
Counter affidavit has been filed, followed by short counter affidavit. In short counter affidavit, categorical stand has been taken by Nagar Ayukta, Nagar Nigam Kanpur, who is personally present before this Court, that age of superannuation of the teaching staff shall be governed by Chapter III Rules 21 of the Regulations framed under U.P. Intermediate Education Act, 1921. In this regard reliance has been placed on Annexure SCA-3, wherein said decision has been taken and copy of the same has been transmitted to all the Nagar Ayuktas in Uttar Pradesh. Once provisions of Chapter III Regulation 21 of the Regulations framed under U.P. Intermediate Education Act, 1921 are applicable to the institutions in question, then each one of petitioners is entitled to continue in service till he/she attains the age of 62 years, and they are also entitled to session benefits.
In these circumstances and in this background, both the writ petitions are disposed of with direction to Nagar Nigam, Kanpur to permit each one of petitioners to continue in service till they attain the age of 62 years, and thereafter session benefit may also be extended to them, and salary shall also be ensured to them, in lieu of their functioning.
No order as to costs.
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