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SURENDRA PRASAD SHUKLA & OTHERS versus STATE OF U.P. THRU' PRINCIPAL SECY. & ORS.

High Court of Judicature at Allahabad

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Surendra Prasad Shukla & Others v. State Of U.P. Thru' Principal Secy. & Ors. - WRIT - A No. 46433 of 2005 [2007] RD-AH 8335 (2 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 39

Civil Misc. Writ Petition No. 46433 of 2005

Surendra Prasad Shukla and others

Versus

State of U.P. and another

Connected with

Civil Misc. Writ Petition No. 11023 of 2006

Smt. Surya Kanti Tiwari

Versus

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.  

02.05.2007

SRY


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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