CHANDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court whose substantive post is that of Lecturer has attained the age of superannuation on 14.2.2010. He was working as Officiating Principal. By means of the present writ petition, he seeks quashing of the letter of the Director of Education dated 4.8.2009 wherein it has been provided that Officiating Principals working in the institution shall cease to function as such on the date they attain the age of superannuation. For the remaining term of the academic session, they will work as teacher i.e., on their substantive post. This order has been passed in pursuance to the Division Bench judgment and order of this Court dated 27.11.2006 passed in Special Appeal No. 1454 of 2006, Hari Om Tatsat Brahm Shukla v. State of U.P. and others). Counsel for the petitioner submits that subsequently a Division Bench of this Court has expressed some doubts qua the judgment in the case of Hari Om Tatsat Brahm Shukla and as such made a reference for the question being decided by a Larger Bench. The question so referred is being quoted herein below:

(2.) It is further stated that a Division Bench of this Court in Special Appeal 252 of 2010 after taking note of the order of reference quoted above, has been pleased to grant an interim order permitting the Officiating Principal to continue till the end of academic session. Petitioner, therefore, submits that on the ground of parity, similar interim order may also be granted to the present petitioner.

(3.) I am of the considered opinion that that the interim prayer so made has to be rejected for the following reasons: