MADHURI MATHUR Vs. STATE OF U P

JUDGEMENT

(1.) V. M. Sahai,. J. This petition relates to change of option by a teacher. The petitioner was lecturer in Hindi since 1975, in Gyan Bharati Balika Inter College, Birhana, Kanpur Nagar is a recognised and aided Institution. Her date of birth is 25-3-1939. She gave an option to retire at the age of 58 years on 31-12-1990 in pursuance of Government order dated 6-10-1990 circulated by Director on 31-10-1990. She withdrew her option on 26-2-1997. The management recommended on 15-3-1997 to the District Inspector of Schools-II, Kanpur Nagar for permitting the petitioner to change her option. The District Inspector of Schools on 19-4-1997 returned the papers that it should again be sent alongwith the Government orders. The petitioner filed Civil Misc. Writ Petition No. 16401 of 1997. She claimed that since her option has not been accepted, she could change it. A counter affidavit was called and interim order was passed on 16-5-1997 and the petitioner was allowed to continue to work till 60 years. The petition was disposed of on 22-7-1998 with the direction to the concerned authorities to decide the petitioner's representation. The District Inspector of Schools on 1-4-1999 rejected the representation of the petitioner and held that (sic) she having exercised option once could not change it. The petitioner has challenged this order dated 1-4- 1999 passed by the District Inspector of Schools in this petition.

(2.) I have heard Shri Yogesh Kumar Saxena the learned Counsel for the petitioner and Shri K. K. Chand the learned Standing Counsel appearing for respondent Nos. 1 to 5, Notice was issued to respondent No. 6 by registered post. Service on respondent No. 6 is deemed to be sufficient.

(3.) IN the result this writ petition succeeds and is allowed. The order dated 1-4-1999 passed by the District INspector of Schools, Kanpur Nagar Annexure-11 to the writ petition is quashed. The age of superannuation of the petitioner is held lo be sixty years. Since the petitioner would have retired at the age of sixty years at the end of academic session on 30-6-1999, therefore, the respondents are directed to calculate her arrears of salary and her post-retiral benefits and pay the same to the petitioner treating the age of the retirement of the petitioner to be sixty years, within a period of four months from the date a certified copy of this order is produced before respondent No. 4.