DHIRENDRA SINGH RAJVANSHI Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Petitioner Dhirendra Singh Rajvanshi has filed this writ petition challenging the communication of the order contained in the letter, dated 2-8-1994 (Annexure 5 to the writ petition) saying that he would be retiring on 1-9-1994 and therefore, he should relinquish charge of the office on that date. The principal argument advanced was that under the relevant law and rules the petitioner was entitled to continue till 30-6-1995 because the academic session of the institute where the petitioner was working begins from 1st of July and ends on 30th of June of the next year.

(2.) PETITIONER is a Lecturer in Civil Engineering Department of Kanhaiya Lal Polytechnic, Roorkee, U. P. He joined the institution in the year 1973. Admittedly his date of birth is 1-9-1934 and therefore, if the benefit of continuing till the completion of the academic session is not available to the petitioner, he would have to retire on 1-9-1994.

(3.) IT may be stated here that on perusal of what is contained in the Government Order, dated 27-6-1988 the petitioner is entitled to continue till 30-6-1995 in the Kanhaiya Lal Polytechnic, Roorkee. IT may be again stated here that according to the averments made in paragraph 9 of the writ petition the said Government Order is still operative' and has not been superseded by any Government Order, Rule of direction.