SUJAN CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner is an Assistant Teacher in Uchchatar Madhyamik Balika Vidyalaya run by the Nagar Nigam, Kanpur Nagar. The petitioner was given a notice that she would be retiring at the end of session in which she attains the age of 60 years. The petitioner represented to the respondents that she would be entitled to the benefit of Government order dated 4.2.2004, whereby the age of superannuation of the teachers governed by the provisions of U. P. Intermediate Education Act, 1921 has been extended from 60 to 62 years. However, by means of the impugned order dated 28.12.2004, the application of the petitioner has been rejected and it has been held that the petitioner be retired at the end of academic session in which she attains the age of 60 years. Aggrieved by the aforesaid order, the petitioner has filed this writ petition. A further prayer has been made that a direction be issued in the nature of mandamus directing the respondents to permit the petitioner to continue to teach till the end of session in which she attains the age of 62 years.

(2.) I have heard Sri Pradeep Chandra, learned counsel for the petitioner as well as learned standing counsel appearing for the State-respondent Nos. 1 and 2 and Sri A. C. Tiwari, learned counsel for the contesting respondents No. 3 and 4 and have perused the record. Pleadings have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of at this stage.

(3.) WITH the aforesaid directions, this writ petition stands allowed. No order as to cost.