RAM CHANDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In the District of Allahabad there is an institution known as Jagdish Uchchattar Madhyamik Vidyalay Soraon, Pratappur. Petitioner has contended that he has been appointed on 01.07.1973 as Clerk. Petitioner has disclosed his date of birth as 01.02.1946. Petitioner has contended that he has been served with the order dated 16.09.2004 informing the petitioner that he would attain the age of superannuation on 28.02.2004 on completing the age of 58 years and further mentioned that salary for the months of March, April and May, 2004 has been wrongly paid to him and same be returned. Petitioner has contended that he represented by requesting that he is entitled to be continued till he attains the age of 60 years. Petitioner has contended that institution in question was initially as Junior High School and thereafter it has been upgraded as High School in the year 1999 under the provision as contained in U.P. Act No. II of 1921 and as such now services of the petitioner is to be Governed by U.P. Act No. II of 1921. Petitioner has contended that in this background he has been wrongly superannuated at the age of 58 years, as such order directing superannuation of the petitioner is bad.

(2.) Counter affidavit has been filed and therein it has been contended that institution in question was not in-grant-in aid list of the State Government at the level of Junior High School and institution in question was upgraded for taking examination of High School etc. It has also been stated that institution has been accorded Vit-vihin recognition and liability to make payment of salary is on the Management, as such no relief is liable to be accorded. Rejoinder affidavit has been filed and therein it has been contended that institution in question has been upgraded from Junior High School to High School and it is true that High School section is non-aided but the provisions of U.P. Intermediate Education Act 1921 are fully applicable. It has also been contended that service condition of the petitioner shall be governed by the provision of Section 16 G read with Chapter III Regulation 21 framed under U.P. Act No. II of 1921, in this background it has been contended that petitioner is entitled for all benefits. Writ petition has also been got amended on this score. After pleadings mentioned have been exchanged, present writ petition has been taken up with the consent of the parties for final hearing and disposal.

(3.) Dr. H.N. Tripathi, Advocate, contended with vehemence that one petitioner has been appointed in Junior High School and said institution in question has been upgraded to High School then service condition is government by Regulation 21 of Chapter III of U.P. Act No. II of 1921 as such order which has been passed superannuating the petitioner is bad and is liable to be set aside.