DWARIKA NATH RAI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel for the petitioner, Sri K.K. Roy appearing for the newly impleaded respondent No.7 and the learned Standing Counsel for the State-respondents.

(2.) The short question involved in this petition is whether the petitioner, who was regularly appointed Principal of Khardiha Mahavidyala, Ghazipur (hereinafter referred to as the College), a college affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the University) was entitled to session's benefit, on account of his superannuation in mid-session i.e. 04.07.202, in accordance with statute 15.24 of the first statutes of the University.

(3.) The undisputed facts of the case are that the petitioner was appointed Principal of the aforesaid College on recommendation of the U.P. Higher Education Service Commission. He attained the age of superannuation on 04.07.2012 i. e. on completion of 62 years in age. According to the proviso to statute 15.24 of the first statutes of the University, if the date of superannuation of a teacher does not fall on June 30, the teacher shall continue in service till the end of the academic session i.e. June 30 following and he will be treated as on re-employment from the date immediately following the date of his superannuation till June 30 following. As the petitioner attained the age of superannuation on 04.07.2012, he applied for the session's benefit in accordance with the first statutes. The authorized controller, who was appointed for managing the affairs of the College, vide letter dated 28.07.2012 informed the petitioner that his matter was referred to the Government and the Government vide order dated 26.07.2012 decided not to provide session's benefit to the petitioner.