VIJAY NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the orders dated February 22, 1992 and October 9, 1992 contained in annexures 2 and 3 to this writ petition, by which the petitioner has been relieved from service and further he has been asked to repay the salary paid to him from July 1, 1991 onwards.

(2.) The factual gamut of this case reveals that the petitioner who was serving as a Reader in the Hindi Department of Kashi Vidyapith Varanasi, was born on July 1, 1931. The age of retirement being 60 years, he claims to have reached the age of superannuation on July 1, 1991. Petitioner further claims that he was given benefit of some Government Order under which a Teacher who reaches the age of superannuation in mid-academic session would be entitled to continue in service till the end of the academic session i.e. June 30, following, and be would be treated to have been re-employed from the date immediately following the age of his superannuation.

(3.) The grievance of the petitioner is that the impugned orders are illegal. Petitioner asserted that he was entitled to work up to June 30, 1992 as he reached the age of superannuation on July 1, 1992 i.e. mid- academic session as the session starts from July 1 each year and respondent No. 2 Vice Chancellor of the said University permitted the petitioner to continue on the said post after July 1, 1991 giving him re-employment under the Government Order/Statute.