RAM SHANKER SHUKLA Vs. ZILA BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) By means of present writ petition, the Petitioner prays for a writ, order or direction in the nature of certiorari for quashing of the order of retirement dated 01.01.2011, issued by opposite party No. 3. Petitioner further prays for a writ in the nature of mandamus commanding the opposite parties to retire on 31.7.2011 and give extended period of employment till 30.6.2012 as envisaged under Rule 14 of the Service Rules.

(2.) Submission of learned Counsel for the Petitioner is that the Petitioner was appointed as Assistant Teacher in Shri Gomteshwar Madhyamik Vidyalaya, Hindaur, Sitapur (hereinafter referred to as 'institution') vide appointment letter dated 25.6.1977 (Annexure No. 2). He joined his duties in the institution on 01.7.1977. The institution came under grant in aid w.e.f. 01.4.1980 and Petitioner's services were approved on 18.7.1980. Further submission of learned Counsel for the Petitioner is that the service and service conditions of the Petitioner are governed by U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of services of Teacher) Rules, 1978.(hereinafter referred to as 'Service Rules') framed under Section 19(2) (c) of the U.P. Basic Education Act. Rule 14 of the Service Rules provides that an Assistant Teacher will retire in the afternoon of the last day of the month in which he attains the age of 62 years. The Rule further provides that an Assistant Teacher who retires during an academic session, shall continue to work till June 30, following next after the date of his retirement and such period of service shall be deemed as extended period of employment. The Petitioner will attain the age of 62 years on 01.7.2011 as per his date of birth mentioned in High School Certificate and in Service Book. Thus, according to Rule 14, the Petitioner will retire in the afternoon of 31st July, 2011 and he will also be entitled to the extended period of employment till 30th June, 2012. The Manager of the institution gave a notice of retirement dated 01.01.2011 to the Petitioner indicating therein that since date of birth of the Petitioner is 01.7.1949, as such, he will retire on 30.6.2011. The Petitioner on receipt of notice dated 01.1.2011 made a representation/objection to the Manager of the institution on 20.1.2011 mentioning therein that he cannot be retired prior to the age of his superannuation as envisaged under Rule 14 of the Service Rules. The Petitioner demonstrated in his representation that he is being retired one day before the age of 62 years. The Petitioner also sought his extension of employment till 30th June, 2012. When the Petitioner did not receive any reply from the opposite parties of his representation dated 20.1.2011, he sent a reminder on 23.3.2011.

(3.) It is also submitted by learned Counsel for the Petitioner that since the opposite parties are intending to retire the Petitioner one day before the age of 62 years, therefore, he is compelled to approach this Court by means of the present writ petition.