Reserved
Court No. - 59
Court No. - 59
Case :- WRIT - A No. - 36010 of 2015
Petitioner :- Smt. Sudha Verma
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- N.S. Chahar
Counsel for Respondent :- C.S.C.,Virendra Chaubey
Counsel for Respondent :- C.S.C.,Virendra Chaubey
Connected with
1. Case :- WRIT - A No. - 36100 of 2015
Petitioner :- Smt. Kalawati Devi
Respondent :- State Of U.P. And 2 Others
2. Case :- WRIT - A No. - 31102 of 2015
Petitioner :- Suresh Pal
Respondent :- State Of U.P. And 3 Others
Petitioner :- Suresh Pal
Respondent :- State Of U.P. And 3 Others
3. Case :- WRIT - A No. - 31081 of 2015
Petitioner :- Satish Chandra Mishra
Respondent :- State Of U.P. And 3 Others
Petitioner :- Satish Chandra Mishra
Respondent :- State Of U.P. And 3 Others
4. Case :- WRIT - A No. - 35221 of 2015
Petitioner :- Shatrughan Prasad Verma
Respondent :- State Of U.P. And 2 Others
Petitioner :- Shatrughan Prasad Verma
Respondent :- State Of U.P. And 2 Others
5. Case :- WRIT - A No. - 35521 of 2015
Petitioner :- Satyapal Singh Chauhan
Respondent :- State Of U.P. And 2 Others
Petitioner :- Satyapal Singh Chauhan
Respondent :- State Of U.P. And 2 Others
6. Case :- WRIT - A No. - 35570 of 2015
Petitioner :- Ghamandi Lal Verma And 5 Others
Respondent :- State Of U.P. And 4 Others
Petitioner :- Ghamandi Lal Verma And 5 Others
Respondent :- State Of U.P. And 4 Others
7. Case :- WRIT - A No. - 35621 of 2015
Petitioner :- Smt. Khadija Begum
Respondent :- State Of U.P. & 3 Others
Petitioner :- Smt. Khadija Begum
Respondent :- State Of U.P. & 3 Others
8. Case :- WRIT - A No. - 37267 of 2015
Petitioner :- Subhash Yadav
Respondent :- State Of U.P. And 5 Others
Petitioner :- Subhash Yadav
Respondent :- State Of U.P. And 5 Others
9. Case :- WRIT - A No. - 37199 of 2015
Petitioner :- Raghunath Singh
Respondent :- State Of U.P. And 4 Others
Petitioner :- Raghunath Singh
Respondent :- State Of U.P. And 4 Others
10. Case :- WRIT - A No. - 37204 of 2015
Petitioner :- Ram Dular Chauhan
Respondent :- State Of U.P. And 4 Others
Petitioner :- Ram Dular Chauhan
Respondent :- State Of U.P. And 4 Others
11. Case :- WRIT - A No. - 37260 of 2015
Petitioner :- Rishikesh Pandey And Another
Respondent :- State Of U.P. And 5 Others
Petitioner :- Rishikesh Pandey And Another
Respondent :- State Of U.P. And 5 Others
12. Case :- WRIT - A No. - 38201 of 2015
Petitioner :- Ram Das Yadav
Respondent :- State Of U.P. And 4 Others
Petitioner :- Ram Das Yadav
Respondent :- State Of U.P. And 4 Others
13. Case :- WRIT - A No. - 38310 of 2015
Petitioner :- Hukam Chand And 5 Others
Respondent :- State Of U.P. And 8 Others
Petitioner :- Hukam Chand And 5 Others
Respondent :- State Of U.P. And 8 Others
14. Case :- WRIT - A No. - 38313 of 2015
Petitioner :- Smt. Leela Tiwari
Respondent :- Director Of Education (Basic) And 3 Others
Petitioner :- Smt. Leela Tiwari
Respondent :- Director Of Education (Basic) And 3 Others
15. Case :- WRIT - A No. - 38428 of 2015
Petitioner :- Umashankar
Respondent :- State Of U.P. And 3 Others
Petitioner :- Umashankar
Respondent :- State Of U.P. And 3 Others
16. Case :- WRIT - A No. - 37633 of 2015
Petitioner :- Girja Shanker Mishra
Respondent :- State Of U.P. And 3 Others
Petitioner :- Girja Shanker Mishra
Respondent :- State Of U.P. And 3 Others
17. Case :- WRIT - A No. - 35817 of 2015
Petitioner :- Kalu Ram Verma
Respondent :- State Of U.P. & 5 Others
Petitioner :- Kalu Ram Verma
Respondent :- State Of U.P. & 5 Others
18. Case :- WRIT - A No. - 35818 of 2015
Petitioner :- Mahavir Singh
Respondent :- State Of U.P. & 5 Others
Petitioner :- Mahavir Singh
Respondent :- State Of U.P. & 5 Others
19. Case :- WRIT - A No. - 35832 of 2015
Petitioner :- Suresh Babu Sharma And 2 Others
Respondent :- State Of U.P. & 2 Others
Petitioner :- Suresh Babu Sharma And 2 Others
Respondent :- State Of U.P. & 2 Others
20. Case :- WRIT - A No. - 35848 of 2015
Petitioner :- Jalil Ahmad
Respondent :- State Of U.P. And 2 Others
Petitioner :- Jalil Ahmad
Respondent :- State Of U.P. And 2 Others
21. Case :- WRIT - A No. - 38526 of 2015
Petitioner :- Mohammad Yusuf And 2 Others
Respondent :- State Of U.P. And 2 Others
Petitioner :- Mohammad Yusuf And 2 Others
Respondent :- State Of U.P. And 2 Others
22. Case :- WRIT - A No. - 38534 of 2015
Petitioner :- Manjulata Bhargawa
Respondent :- State Of U.P. And 4 Others
Petitioner :- Manjulata Bhargawa
Respondent :- State Of U.P. And 4 Others
23. Case :- WRIT - A No. - 38958 of 2015
Petitioner :- Veerpal Singh
Respondent :- State Of U.P. And 4 Others
Petitioner :- Veerpal Singh
Respondent :- State Of U.P. And 4 Others
24. Case :- WRIT - A No. - 39079 of 2015
Petitioner :- Barkat Ali And Another
Respondent :- State Of U.P. And Another
Petitioner :- Barkat Ali And Another
Respondent :- State Of U.P. And Another
25. Case :- WRIT - A No. - 38880 of 2015
Petitioner :- Smt. Sandhya Srivastava
Respondent :- State Of U.P. And 5 Others
Petitioner :- Smt. Sandhya Srivastava
Respondent :- State Of U.P. And 5 Others
26. Case :- WRIT - A No. - 39176 of 2015
Petitioner :- Km. Hemlata Tiwari
Respondent :- State Of U.P. And 4 Ors.
Petitioner :- Km. Hemlata Tiwari
Respondent :- State Of U.P. And 4 Ors.
27. Case :- WRIT - A No. - 38882 of 2015
Petitioner :- Nafisul Hasan
Respondent :- State Of U.P. And 4 Others
Petitioner :- Nafisul Hasan
Respondent :- State Of U.P. And 4 Others
28. Case :- WRIT - A No. - 39173 of 2015
Petitioner :- Ram Pal Trivedi
Respondent :- State Of U.P. And 2 Others
Petitioner :- Ram Pal Trivedi
Respondent :- State Of U.P. And 2 Others
29. Case :- WRIT - A No. - 39400 of 2015
Petitioner :- Havaldar Yadav
Respondent :- State Of U.P. And 3 Others
Petitioner :- Havaldar Yadav
Respondent :- State Of U.P. And 3 Others
30. Case :- WRIT - A No. - 39401 of 2015
Petitioner :- Smt. Nirmala Rai
Respondent :- State Of U.P. And 3 Others
Petitioner :- Smt. Nirmala Rai
Respondent :- State Of U.P. And 3 Others
31. Case :- WRIT - A No. - 39412 of 2015
Petitioner :- Smt. Madhuri Dubey
Respondent :- State Of U.P. And 4 Others
Petitioner :- Smt. Madhuri Dubey
Respondent :- State Of U.P. And 4 Others
32. Case :- WRIT - A No. - 39462 of 2015
Petitioner :- Smt. Farzana Begum
Respondent :- State Of U.P. And 3 Others
Petitioner :- Smt. Farzana Begum
Respondent :- State Of U.P. And 3 Others
33. Case :- WRIT - A No. - 39643 of 2015
Petitioner :- Vidya Pathak
Respondent :- State Of U.P. And 3 Others
Petitioner :- Vidya Pathak
Respondent :- State Of U.P. And 3 Others
34. Case :- WRIT - A No. - 39647 of 2015
Petitioner :- Dillipat
Respondent :- State Of U.P. And 3 Others
Petitioner :- Dillipat
Respondent :- State Of U.P. And 3 Others
35. Case :- WRIT - A No. - 40757 of 2015
Petitioner :- Kailash Nath Rawat
Respondent :- State Of U.P. And 4 Others
Petitioner :- Kailash Nath Rawat
Respondent :- State Of U.P. And 4 Others
36. Case :- WRIT - A No. - 40465 of 2015
Petitioner :- Kailash Prasad
Respondent :- State Of U.P. And 2 Others
Petitioner :- Kailash Prasad
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- P.K. Kashyap,C
37. Case :- WRIT - A No. - 41131 of 2015
Petitioner :- Dhanni Ram
Respondent :- State Of U.P. And 2 Ors.
Petitioner :- Dhanni Ram
Respondent :- State Of U.P. And 2 Ors.
38. Case :- WRIT - A No. - 28640 of 2015
Petitioner :- Jagannath Prasad
Respondent :- State Of U.P. Thru' Its Secy. & 3 Others
Petitioner :- Jagannath Prasad
Respondent :- State Of U.P. Thru' Its Secy. & 3 Others
39. Case :- WRIT - A No. - 38068 of 2015
Petitioner :- Shiv Prakash Mishra
Respondent :- State Of U.P. And 4 Others
Petitioner :- Shiv Prakash Mishra
Respondent :- State Of U.P. And 4 Others
40. Case :- WRIT - A No. - 41152 of 2015
Petitioner :- Suresh Chandra Upadhyay
Respondent :- State Of U.P. And 4 Ors.
Petitioner :- Suresh Chandra Upadhyay
Respondent :- State Of U.P. And 4 Ors.
41. Case :- WRIT - A No. - 35789 of 2015
Petitioner :- Chhitar Singh & 2 Others
Respondent :- State Of U.P. & 3 Others
Petitioner :- Chhitar Singh & 2 Others
Respondent :- State Of U.P. & 3 Others
42. Case :- WRIT - A No. - 35793 of 2015
Petitioner :- Devi Singh
Respondent :- State Of U.P. & 3 Others
Petitioner :- Devi Singh
Respondent :- State Of U.P. & 3 Others
43. Case :- WRIT - A No. - 42981 of 2015
Petitioner :- Paras Nath Patel And Another
Respondent :- State Of U.P. And 3 Others
Petitioner :- Paras Nath Patel And Another
Respondent :- State Of U.P. And 3 Others
44. Case :- WRIT - A No. - 35794 of 2015
Petitioner :- Abdullah
Respondent :- State Of U.P. & 3 Others
Petitioner :- Abdullah
Respondent :- State Of U.P. & 3 Others
45. Case :- WRIT - A No. - 37332 of 2015
Petitioner :- Smt. Vibha Srivastava
Respondent :- State Of U.P. And 3 Others
Petitioner :- Smt. Vibha Srivastava
Respondent :- State Of U.P. And 3 Others
46. Case :- WRIT - A No. - 37830 of 2015
Petitioner :- Smt. Chandra Prabha
Respondent :- State Of U.P. And 4 Others
Petitioner :- Smt. Chandra Prabha
Respondent :- State Of U.P. And 4 Others
47. Case :- WRIT - A No. - 42524 of 2015
Petitioner :- Jautra Devi
Respondent :- State Of U.P. And 3 Others
Petitioner :- Jautra Devi
Respondent :- State Of U.P. And 3 Others
48. Case :- WRIT - A No. - 42688 of 2015
Petitioner :- Smt. Sumitra Devi
Respondent :- State Of U.P. And 4 Others
Petitioner :- Smt. Sumitra Devi
Respondent :- State Of U.P. And 4 Others
49. Case :- WRIT - A No. - 41705 of 2015
Petitioner :- Raziya Khatoon
Respondent :- State Of U.P. And 2 Others
Petitioner :- Raziya Khatoon
Respondent :- State Of U.P. And 2 Others
50. Case :- WRIT - A No. - 42342 of 2015
Petitioner :- Narayan Swaroop Mishra
Respondent :- State Of U.P. And 4 Others
Petitioner :- Narayan Swaroop Mishra
Respondent :- State Of U.P. And 4 Others
51. Case :- WRIT - A No. - 42397 of 2015
Petitioner :- Musafir Yadav
Respondent :- State Of U.P. And 4 Others
52. Case :- WRIT - A No. - 42451 of 2015
Petitioner :- Ramanand Yadav And Another
Respondent :- State Of U.P. And 5 Ors.
Petitioner :- Ramanand Yadav And Another
Respondent :- State Of U.P. And 5 Ors.
53. Case :- WRIT - A No. - 42487 of 2015
Petitioner :- Smt. Shanti Devi Mishra
Respondent :- State Of U.P. And 3 Others
Petitioner :- Smt. Shanti Devi Mishra
Respondent :- State Of U.P. And 3 Others
54. Case :- WRIT - A No. - 42965 of 2015
Petitioner :- Jai Prakash Narayan
Respondent :- State Of U.P. And 2 Others
Petitioner :- Jai Prakash Narayan
Respondent :- State Of U.P. And 2 Others
55. Case :- WRIT - A No. - 43035 of 2015
Petitioner :- Kunwar Bahadur Singh
Respondent :- State Of U.P. And 3 Others
Petitioner :- Kunwar Bahadur Singh
Respondent :- State Of U.P. And 3 Others
56. Case :- WRIT - A No. - 43070 of 2015
Petitioner :- Bahadur Ram And Another
Respondent :- State Of U.P. And 3 Others
Petitioner :- Bahadur Ram And Another
Respondent :- State Of U.P. And 3 Others
57. Case :- WRIT - A No. - 43139 of 2015
Petitioner :- Mohd. Hasan
Respondent :- State Of U.P. And 2 Others
Petitioner :- Mohd. Hasan
Respondent :- State Of U.P. And 2 Others
58. Case :- WRIT - A No. - 43140 of 2015
Petitioner :- Nishant Hamid
Respondent :- State Of U.P. And 2 Others
Petitioner :- Nishant Hamid
Respondent :- State Of U.P. And 2 Others
59. Case :- WRIT - A No. - 43142 of 2015
Petitioner :- Juber Miyan
Respondent :- State Of U.P. And 2 Others
Petitioner :- Juber Miyan
Respondent :- State Of U.P. And 2 Others
60. Case :- WRIT - A No. - 43144 of 2015
Petitioner :- Sarfarazi Begum
Respondent :- State Of U.P. And 2 Others
Petitioner :- Sarfarazi Begum
Respondent :- State Of U.P. And 2 Others
61. Case :- WRIT - A No. - 43227 of 2015
Petitioner :- Ramesh Chand Sharma
Respondent :- State Of U.P. And 3 Another
Petitioner :- Ramesh Chand Sharma
Respondent :- State Of U.P. And 3 Another
62. Case :- WRIT - A No. - 43290 of 2015
Petitioner :- Rambhaskar Dwivedi
Respondent :- State Of U.P. And 5 Others
Petitioner :- Rambhaskar Dwivedi
Respondent :- State Of U.P. And 5 Others
63. Case :- WRIT - A No. - 43324 of 2015
Petitioner :- Suresh Ram
Respondent :- State Of U.P. And 5 Others
Petitioner :- Suresh Ram
Respondent :- State Of U.P. And 5 Others
64. Case :- WRIT - A No. - 43298 of 2015
Petitioner :- Santoo Ram
Respondent :- State Of U.P. And 5 Ors.
Petitioner :- Santoo Ram
Respondent :- State Of U.P. And 5 Ors.
65. Case :- WRIT - A No. - 43303 of 2015
Petitioner :- Ramanath Dwivedi
Respondent :- State Of U.P. And 5 Ors.
Petitioner :- Ramanath Dwivedi
Respondent :- State Of U.P. And 5 Ors.
66. Case :- WRIT - A No. - 43364 of 2015
Petitioner :- Om Prakash
Respondent :- State Of U.P. And 3 Others
Petitioner :- Om Prakash
Respondent :- State Of U.P. And 3 Others
67. Case :- WRIT - A No. - 43484 of 2015
Petitioner :- Smt. Kapoori Devi
Respondent :- State Of U.P. And 4 Others
Petitioner :- Smt. Kapoori Devi
Respondent :- State Of U.P. And 4 Others
68. Case :- WRIT - A No. - 43571 of 2015
Petitioner :- Surendra Nath Tripathi
Respondent :- State Of U.P. And 2 Others
Petitioner :- Surendra Nath Tripathi
Respondent :- State Of U.P. And 2 Others
69. Case :- WRIT - A No. - 35692 of 2015
Petitioner :- Shyamlal Dube
Respondent :- State Of U.P. & 3 Others
Petitioner :- Shyamlal Dube
Respondent :- State Of U.P. & 3 Others
70. Case :- WRIT - A No. - 44205 of 2015
Petitioner :- Mahjbeen Begum Abidi And Another
Respondent :- State Of U.P. And 3 Others
Petitioner :- Mahjbeen Begum Abidi And Another
Respondent :- State Of U.P. And 3 Others
71. Case :- WRIT - A No. - 45544 of 2015
Petitioner :- Raghunath Maurya
Respondent :- State Of U.P. And 4 Others
Petitioner :- Raghunath Maurya
Respondent :- State Of U.P. And 4 Others
72. Case :- WRIT - A No. - 45313 of 2015
Petitioner :- Hukum Singh Yadav
Respondent :- State Of U.P. And 3 Others
Petitioner :- Hukum Singh Yadav
Respondent :- State Of U.P. And 3 Others
73. Case :- WRIT - A No. - 36716 of 2015
Petitioner :- Ram Preet Yadav
Respondent :- State Of U.P. And 4 Others
Petitioner :- Ram Preet Yadav
Respondent :- State Of U.P. And 4 Others
74. Case :- WRIT - A No. - 41049 of 2015
Petitioner :- Shanti Devi
Respondent :- State Of U.P. And 3 Others
Petitioner :- Shanti Devi
Respondent :- State Of U.P. And 3 Others
75. Case :- WRIT - A No. - 41052 of 2015
Petitioner :- Surya Pratap Singh And Another
Respondent :- State Of U.P. And 3 Others
Petitioner :- Surya Pratap Singh And Another
Respondent :- State Of U.P. And 3 Others
76. Case :- WRIT - A No. - 48348 of 2015
Petitioner :- Padmini Devi
Respondent :- State Of U.P. And 2 Others
Petitioner :- Padmini Devi
Respondent :- State Of U.P. And 2 Others
77. Case :- WRIT - A No. - 48350 of 2015
Petitioner :- Shaba Akhter Israili
Respondent :- State Of U.P. And 2 Others
Petitioner :- Shaba Akhter Israili
Respondent :- State Of U.P. And 2 Others
78. Case :- WRIT - A No. - 47675 of 2015
Petitioner :- Vijay Laxmi
Respondent :- State Of U.P. And 4 Others
Petitioner :- Vijay Laxmi
Respondent :- State Of U.P. And 4 Others
79. Case :- WRIT - A No. - 47701 of 2015
Petitioner :- Durga Mishra
Respondent :- State Of U.P. And 4 Others
Petitioner :- Durga Mishra
Respondent :- State Of U.P. And 4 Others
80. Case :- WRIT - A No. - 48257 of 2015
Petitioner :- Kali Deen
Respondent :- State Of U.P. And 3 Others
Petitioner :- Kali Deen
Respondent :- State Of U.P. And 3 Others
81. Case :- WRIT - A No. - 47867 of 2015
Petitioner :- Harigen Ram And Another
Respondent :- State Of U.P. And 3 Others
Petitioner :- Harigen Ram And Another
Respondent :- State Of U.P. And 3 Others
82. Case :- WRIT - A No. - 47684 of 2015
Petitioner :- Ram Swaroop
Respondent :- State Of U.P. And 3 Others
Petitioner :- Ram Swaroop
Respondent :- State Of U.P. And 3 Others
83. Case :- WRIT - A No. - 47517 of 2015
Petitioner :- Vimla Kumari
Respondent :- State Of U.P. And 4 Others
Petitioner :- Vimla Kumari
Respondent :- State Of U.P. And 4 Others
84. Case :- WRIT - A No. - 45865 of 2015
Petitioner :- Lallan Singh
Respondent :- State Of U.P. And 2 Others
Petitioner :- Lallan Singh
Respondent :- State Of U.P. And 2 Others
85. Case :- WRIT - A No. - 45859 of 2015
Petitioner :- Kalawati Devi
Respondent :- State Of U.P. And 2 Others
Petitioner :- Kalawati Devi
Respondent :- State Of U.P. And 2 Others
86. Case :- WRIT - A No. - 44320 of 2015
Petitioner :- Uma Shankar Mishra & 2 Ors.
Respondent :- State Of U.P. And 2 Ors.
Petitioner :- Uma Shankar Mishra & 2 Ors.
Respondent :- State Of U.P. And 2 Ors.
87. Case :- WRIT - A No. - 44580 of 2015
Petitioner :- Parsu Ram Bharti
Respondent :- State Of U.P. And 2 Ors.
Petitioner :- Parsu Ram Bharti
Respondent :- State Of U.P. And 2 Ors.
88. Case :- WRIT - A No. - 39640 of 2015
Petitioner :- Jai Nandan Tripathi
Respondent :- State Of U.P. And 4 Others
Petitioner :- Jai Nandan Tripathi
Respondent :- State Of U.P. And 4 Others
89. Case :- WRIT - A No. - 38909 of 2015
Petitioner :- Rukhsana Khatoon
Respondent :- State Of U.P. And 3 Others
Petitioner :- Rukhsana Khatoon
Respondent :- State Of U.P. And 3 Others
90. Case :- WRIT - A No. - 38703 of 2015
Petitioner :- Ram Avatar Singh And Another
Respondent :- State Of U.P. And 2 Others
Petitioner :- Ram Avatar Singh And Another
Respondent :- State Of U.P. And 2 Others
91. Case :- WRIT - A No. - 35952 of 2015
Petitioner :- Shiv Mangal Singh And 2 Others
Respondent :- State Of U.P. And 3 Others
Petitioner :- Shiv Mangal Singh And 2 Others
Respondent :- State Of U.P. And 3 Others
92. Case :- WRIT - A No. - 35995 of 2015
Petitioner :- Vishambhar Singh Raghav
Respondent :- State Of U.P. And 3 Others
Petitioner :- Vishambhar Singh Raghav
Respondent :- State Of U.P. And 3 Others
93. Case :- WRIT - A No. - 47249 of 2015
Petitioner :- Smt. Indrawati Gupta
Respondent :- State Of U.P. And 2 Others
Petitioner :- Smt. Indrawati Gupta
Respondent :- State Of U.P. And 2 Others
Hon'ble Vivek Kumar Birla,J.
1.Heard learned counsel for the parties.
2.In the present bunch of petitions, the petitioners are working as Assistant Teachers or, as the case may be, Head Masters of primary institutions recognized and aided or conducted and managed by the Uttar Pradesh Basic Education Board at Allahabad. In some of the petitions the petitioners are working in the institutions which are recognized under the Intermediate Education Act, 1921 (hereinafter referred as "Act of 1921") and Regulations framed thereunder and either managed by the Board or working in the recognized and aided colleges, as such they entitled for drawing salary from the State Exchequer. Another category of petitioners is where they are enjoying the benefit of extension of service being national or state awardee.
3.In the present bunch of petitions, the petitioners involved are whose date of birth is falling between 2.4.1953 to 1.7.1953 where the age of superannuation is 62 years and whose date of birth is falling between 2.4.1955 to 1.7.1955 where the age of superannuation is 60 years and national or state awardees as noted above. The claim of the petitioners in this bunch of petitions is that they are entitled to continue in service till the end of academic session i.e. 31.3.2016 as their date of superannuation is falling in mid-academic session i.e. 1.4.2015 to 31.3.2016. In some of the petitions, some of the petitioners are the teachers, whose date of birth is falling prior to 31st March and thus have attained the age of superannuation prior to 1st April.
4.The leading petition is related to the institution governed by the provisions of U.P. Basic Education Act, 1972 (hereinafter referred as "Act of 1972") and U.P. Basic Education Teachers Service Rules, 1981 (hereinafter referred as "Rules of 1981").
5.Earlier, the teachers, whose date of birth was falling prior to 31st March and have attained the age of superannuation prior to 1st April 2015 have also claimed session benefit till the end of academic session i.e. 31.3.2016 by way of filing petitions. Ultimately, the controversy was settled by the Hon'ble Division Bench on 20.7.2015 in Special Appeal Defective No. 492 of 2015 (Bhajan Lal Diwakar Vs. Bani Singh Thakurela and others), wherein taking note of Amended Regulation 21 of Chapter III of the Regulations framed under the Act of 1921, it was held that the teachers, who have attained the age of superannuation prior to 1.4.2015 will not be entitled to further extension in service until 31.3.2016.
6.In this regard it would be fruitful to refer to relevant extract of objections of Hon'ble Division Bench in the case of Bhajan Lal Diwakar Vs. Bani Singh Thakurela and others (supra), which is quoted as under:-
"In the present case, the first respondent attained the age of sixty two years in the month of July 2014. Under the unamended Regulation 21, since the date of retirement of the first respondent fell within the midst of the academic session, he was allowed to continue as a Lecturer until 30 June 2015. The first respondent continued on that basis until 30 June 2015. What the first respondent seeks, essentially is a further extension in service until 31 March 2016 which, in our opinion, would be impermissible. The benefit of such an extension under the amended regulation would clearly not be available to a teacher in the position of the first respondent who had already attained the age of superannuation prior to 1 April 2015. The first respondent had already availed of the continuance in service until the end of the academic session, which according to the unamended regulation, was to come to an end on 30 June 2015. The State Government by a Government Order dated 25 May 2015, clarified that such an employee would continue until 30 June 2015. In other words, the first respondent would not be entitled to a further extension in service until 31 March 2016.
The learned Single Judge has, in our opinion, erred in coming to the conclusion that the first respondent was entitled to an extension in service beyond 30 June 2015. Though in holding this, the learned Single Judge has relied on an earlier interim order, once the first respondent had duly availed of the extension till the date of effective retirement, which was to take place on 30 June 2015, there was no warrant for the grant of any further benefit to him. Amended Regulation 21, it must be noted, speaks of the date of retirement. In the case of the first respondent, the date of retirement would have been in July 2014. The date of retirement is not postponed to 30 June 2015 and all that happened as a result of the operation of the regulation is a continuance in service being granted beyond the age of retirement, so as to ensure that the academic interests of the students are not disrupted. That does not have any effect of postponing the original date of retirement of the first respondent, which was in July 2014."
The learned Single Judge has, in our opinion, erred in coming to the conclusion that the first respondent was entitled to an extension in service beyond 30 June 2015. Though in holding this, the learned Single Judge has relied on an earlier interim order, once the first respondent had duly availed of the extension till the date of effective retirement, which was to take place on 30 June 2015, there was no warrant for the grant of any further benefit to him. Amended Regulation 21, it must be noted, speaks of the date of retirement. In the case of the first respondent, the date of retirement would have been in July 2014. The date of retirement is not postponed to 30 June 2015 and all that happened as a result of the operation of the regulation is a continuance in service being granted beyond the age of retirement, so as to ensure that the academic interests of the students are not disrupted. That does not have any effect of postponing the original date of retirement of the first respondent, which was in July 2014."
7.A reference may also be made in this regard to a judgment rendered by Hon'ble Division Bench in its judgment dated 24.7.2015 in Special Appeal No. 483 of 2015 (Dulare Lal and another Vs. State of U.P. and others). On the basis of judgment in Bhajan Lal Diwakar's (supra) case I have also dismissed several writ petitions wherein age of superannuation was falling prior to 1st April 2015.
8.Now, the present controversy is only in relation to the teachers, whose date of birth is falling between 2.4.1953 to 1.7.1953 where the age of superannuation is 62 years and where the date of birth is falling between 2.4.1955 to 1.7.1955 where the age of superannuation is 60 years and national or state awardees as already noted above.
9.Now this controversy has also been settled. In so far as the institutions governed by the 1921 Act is concerned, regulation 21 of Chapter III of the Regulations framed under the Act of 1921 as amended by the amendment dated 17.6.2016 clearly provides that such teachers will be entitled for benefit of extension in service till 31.3.2016. For ready reference un-amended and amended regulations are extracted hereinbelow:-
Un-amended Regulation 21 Amended Regulation 21
vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/kos'k o; 2 tqykbZ vkSj 30 twu ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok forj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls nks ekg iwoZ ns nsa] 30 twu rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds mijkUr tqykbZ esa izrhLFkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA
vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/ko"kZ o; 2 vizSy vkSj 31 ekpZ] ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok foLrj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls 2 ekg iwoZ ns nsa] 31 ekpZ rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds iwoZ vizSy ekg esa izfrLFkkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA
vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/kos'k o; 2 tqykbZ vkSj 30 twu ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok forj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls nks ekg iwoZ ns nsa] 30 twu rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds mijkUr tqykbZ esa izrhLFkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA
vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/ko"kZ o; 2 vizSy vkSj 31 ekpZ] ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok foLrj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls 2 ekg iwoZ ns nsa] 31 ekpZ rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds iwoZ vizSy ekg esa izfrLFkkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA
10.The words of amended regulation 21 are very much categorical and clearly indicate that date of superannuation is not postponed or extended but employees are only granted extension until the end of academic session, if they are superannuating between 2nd April and 31st March.
11.Therefore, in view of the aforesaid legal situation petitioners governed by Act of 1921 and Regulations framed thereunder are entitled for extension in service till the end of academic session i.e. 31.3.2016 as by virtue of this date of birth they are working during academic session 2015-16 in normal course and would, therefore, in the light of Amended Regulation 21, be entitled of continue in service until the end of academic session i.e. 31.3.2016.
12.In so far as the institutions governed by the Act of 1972 and the Rules of 1981 are concerned, the controversy has been settled by the Hon'ble Division Bench on 20.8.2015 in Special Appeal Defective No. 360 of 2015 (State of U.P. and others Vs. Ramesh Chandra Tiwari and others),
wherein the order dated 15.6.2015 passed by the Secretary, Basic Education denying such benefit to continue till the end of academic session i.e. 31.3.2016 was quashed and the appeal was accordingly disposed of. Relevant extract of observations made in the aforesaid judgment is quoted as under:-
wherein the order dated 15.6.2015 passed by the Secretary, Basic Education denying such benefit to continue till the end of academic session i.e. 31.3.2016 was quashed and the appeal was accordingly disposed of. Relevant extract of observations made in the aforesaid judgment is quoted as under:-
"........However, a teacher who attains the age of superannuation during academic session 2015-16, as modified, and who has not taken the benefit of the proviso to Rule 29, would be entitled to continue in service until the end of the academic session which would be 31 March 2016. The Government Orders which have been issued from time to time, more particularly on 9 December 2014 and 29 June 2015 have to be necessarily brought in line with the mandatory requirements of the proviso to Rule 29. As we have observed earlier, the power to alter the academic year undoubtedly vests with the Government but having once altered the academic year, the consequence which is envisaged under the proviso to Rule 29 must ensue. The State Government cannot by a government order override the proviso to Rule 29. That is part of subordinate legislation which cannot be simply disregarded by an administrative order.
On the facts of the present special appeal, the dates of superannuation of the four respondent teachers would respectively be 1 June 2015, 27 May 2015, 4 June 2015 and 30 June 2015. All these teachers worked in academic session 2015-16 commencing from 1 April 2015 in the normal course, without taking the benefits of the proviso to Rule 29. Since the dates of their retirement fell in the midst of the academic session, they would plainly be entitled to continue in service until the end of the academic session, as envisaged in the proviso to Rule 29......"
13.In such view of the matter not only the teachers, who are governed by the Act of 1921 and the regulations framed thereunder but also the teachers, who are governed by the Act of 1972 and Rules of 1981 are also entitled for such extension in service till the end of academic session i.e. 31.3.2016.
14.In view of the decision of the Hon'ble Division Bench in Bhajan Lal Diwakar (supra) and Dulare Lal (supra) and in view of the judgment of Hon'ble Division Bench in State of U.P. and others Vs. Ramesh Chandra Tiwari and others (supra) the present bunch of petition stands disposed and it is held that the petitioners, whose date of birth is falling between 2.4.1953 to 1.7.1953 where the age of superannuation is 62 years and whose date of birth is falling between 2.4.1955 to 1.7.1955 where the age of superannuation is 60 years and national or state awardees as already noted above, as the case may be, and whose date of superannuation is falling after 1st April 2015 are entitled to continue in service till the end of academic session i.e. 31.3.2016 as such their petition stands allowed. The benefit of academic session till 31.3.2016 is denied to such teachers/petitioners, who have already attained the age of superannuation prior to 1st April 2015 and as such their petition stands dismissed.
15. In the present case the date of birth of the petitioner is 20.6.1953 hence the present petition stands allowed.
16.For the reasons and discussions made hereinabove the bunch of writ petitions stand disposed of accordingly.
16.For the reasons and discussions made hereinabove the bunch of writ petitions stand disposed of accordingly.
Order Date :- 16.9.2015
Lalit Shukla
Lalit Shukla