TEJ BAHADUR NIGAM Vs. NAGAR NIGAM KANPUR

JUDGEMENT

(1.) The petitioners retired on attaining the age of 62 years serving as permanent teachers in Acharya Narendra Dev Nagar Nigam Mahila Mahavidyalaya, Harsh Nagar, Kanpur Nagar, a Post Graduate College affiliated to Kanpur University. They have been paid their pension and gratuity. By Government Order dated 4.2.2004 the State Government enhanced the age of retirement of teachers from 60 years to 62 years with further stipulation that all retiral benefits available on attaining 60 years of age would continue even on retiring at the age of 62 years. On a report submitted by the Mukhya Nagar Lekha Parikshak, Nagar Nigam, Kanpur Nagar on 1.4.2006 to the effect that in terms of the Government Order dated 30.3.1983 read with Government Order dated 4.2.2004 a teacher retiring at the age of 60 years is not entitled to both the benefit of pension and gratuity, they have been asked to submit options, whether they would retire at the age of 62 years.

(2.) By this writ petition the petitioners have prayed for quashing the communication dated 6.6.2006 issued by the Principal of the College and to quash the report dated 1.4.2006 submitted by the Mukhya Nagar Lekha Parikshak, Nagar Nigam, Kanpur Nagar as also the order dated 30.5.2006 passed by the Up Nagar Ayukt (Shiksha) Nagar Nigam, Kanpur Nagar, and to disburse the amount of gratuity to the petitioners within a period specified by this Court.

(3.) We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Aditya Kumar Singh for the petitioners. Learned Standing Counsel appears for the State respondents. Shri M.C. Tripathi appears for the Nagar Nigam, Kanpur Nagar.