R S SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a Instructor (Lecturer Drawing) in a institution of Engineering and Rural Technology, Allahabad. He has been retired at the age of 60 years on 7.3.2006. His contention is that according to the G.O. dated 27.6.1988, (Annexure - 5 to the counter affidavit), he cannot be retired during the current academic session and his retirement will held good after the end of the Session i.e. 30th June, 2006 and his retirement is therefore, illegal and the respondent be directed to permit the petitioner in service till 30.6.2006 and is how this petition.

(2.) Counsel for the parties have been heard.

(3.) Learned Counsel for the respondent Nos. 2 to 4 has opposed the prayer relying ON A Full Bench decision in the case of Prabhat Ranjan Sharma v. Director Technical Education U.P. Kanpur 1998 All. CJ., 951 of this Court, wherein, it has been held that a teacher who has opted his retirement at the age of 60 years, cannot claim extension of service after attaining the age of 60 years and the aforesaid extension cannot be claimed as a matter of right and is subject to certain conditions contained in the Government Order referred to above This case will have no application here because subsequent to this decision, a fresh Government Order dated 21.2.2004 (Annexure - 2 to the writ petition) has been issued that this benefit of service being continued till end of Sessions will extend also to those teachers who retired at the age of 60 or 62 years.