SIDHESHWARI DEVI SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) A short question involved in this writ petition is whether the petitioner, whose date of brith is 1-7-1932, will attain the age of superannuation on 30-6-1990 or 1-7-1990. The petitoner in the present case was working as a teacher in history in a Government Inter College, Faizabad. Her date of brith, according to High School Certificate, was 1-7-1932, vide Annexure-1. She was initially appointed as Assistant Mistress at Government Junior Training College for Women at Jhansi. Lastly, she was transferred to Government Girls Inter College, Faizabad. The age of superannuation of teachers in a Government College is- 58 years. According to the petition she would attain the age of superannuation on 1-7-1990, that is, the date on which she completes 58 years. It is further alleged that if the date of superannuation of a teacher does not fail on 30th June, the teacher shall continue in service till the next Academic Session and she will be treated as on re-employment provided she fulfils certain conditions. The Government order on this behalf is contained in Annexure 2 According to the petitioner she is mentally and bodily fit to discharge her functions, and her date of superannuation falls on 1-7-1990, that is, after 30th June. Therefore, she will attain the age of superannuation after 30th June and she will be entitled to re-employment upto next Academic Session.

(2.) OPPOSITE party no. 3 has passed an order stating the date of superannuation of the petitioner as 30-6-1990. It is contained in Annexure-3. Learned counsel for the petitioner states that the above order is without jurisdiction and no such order could have been issued as the appointing authority of the petitioner is opposite party no. 2.

(3.) LEARNED counsel for the petitioner and the learned Standing Counsel have been heard.