AMAR NATH MAURYA Vs. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HIGHER EDUCATION, UCHCH SHIKSHA ANUBHAG, VIDHAN BHAWAN, U.P. AT LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard Sri R.P. Dubey, learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents. The learned Counsel for the parties are agreed that the controversy involved in the present writ petition is covered by the earlier decisions of this Court, referred to hereinafter in the present Judgment, and therefore, the present writ petition may be decided at this stage itself.

(2.) Two supplementary-affidavits have been filed on behalf of the petitioners, which have been taken on record by the Order dated 8.1.2010.

(3.) From the averments made in the writ petition and the supplementary-affidavits, it appears that the petitioner Dr. Amar Nath Maurya was appointed as Lecturer in Botany Department at D.S. College Aligarh, and he joined his services on the post of Lecturer on 6.9.1973. The date of birth of the petitioner Dr. Amar Nath Maurya was 9.6.1944. The age of superannuation of teachers working in Degree Colleges was enhanced from 60 years to 62 years by the Government Order dated 24.2.2004 (Annexure SA-2 to the Second Supplementary Affidavit). Accordingly, the date of superannuation of the petitioner Dr. Amar Nath Maurya was 8.6.2006 and the date of retirement after getting session benefit was 30th June, 2006. The petitioner accordingly retired on 30th June, 2006.