ACHHAIBAR MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation and application of the rule in regard to grant of benefit known as sessions benefit is the question involved in this appeal which arises out of a judgment and order dated 8-9-2006 passed by a Division Bench of the Allahabad High Court in Special Appeal No.221 of 2004.

(3.) Appellant herein was born on 1st July, 1943. He was appointed as an Assistant Teacher on 21st July, 1975 in a primary school known as Kisan Poorva Madhyamik Vidyalay, Itally Gazna, District Jaunpur. The terms and conditions of service of a teacher indisputably is governed by the Uttar Pradesh Basic Education Act, 1972 (for short, the 1972 Act) and the rules framed under the States rule making power contained in sub-section (1) of Section 19 of the Act known as Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. Rule 29 of the said Rules provided for age of superannuation in the following terms :