PRABHA BHATNAGAR Vs. STATE OF U P

JUDGEMENT

(1.) THE question which arise for determination in this petition is as to whether a Professor at Government Central Pedagogical Institute, Allahabad (in short 'Institute') belonging to Women's Branch and appointed under Rule 5(4) of U.P. Educational Teaching (Subordinate Gazetted) Service Rules, 1993 (in short 'Subordinate Gazetted Ser ­vice Rules') is entitled for the benefit so that her service may come to an end at the end of academic session on 30th June in view of Government Order No. 7022/15(1)/83 -31(16)/77 dated 21 -3 -84 read with Government Order No. 1239/19 -93 -31(14)795 dated 20 -4 -1995 ? The question has arisen as petitioner at ­tained the age of superannuation in the month of October. 1998 when a notice dated 13 -10 -1998 was served on her by Principal of Institute 10 handover charge on 31 -10 -1998 to another Professor on attaining the age of superannuation.

(2.) THE facts, in brief, relevant for determining present controversy are that petitioner was working as an Assistant Teacher (Music) LT Grade at Rajkiya Kanya Vidyalaya Handia, District Al ­lahabad in the year 1987 when she was transferred to institute as Assistant Teacher LT Grade (Music). During her continuance at Institute, she was promoted as Lecturer (Music). When Uttar Pradesh Subordinate Educational (Lecturer's Cadre) Service Rules, 1992 (in short Lecturer's Cadre Service Rules) were enforced, she became member of that cadre and her service conditions stood governed by said rules. Subsequently, she was promoted as a Professor in Women's Branch during her continuance at In ­stitute. The present controversy has arisen as Principal of institute served a notice dated 13 -10 -1998 on petitioner directing her to hand over charge of the post to another Professor on 31 -10 -1998. The reason given in said letter for such a direc ­tion is that the petitioner was completing age of 58 years i.e. the age of superannua ­tion. The petitioner being aggrieved by said direction has filed this petition. Ac ­cording to petitioner, she could not be directed to hand over charge in view of Government Order No. 1239/19 -93 -31(14)/95 dated 20 -4 -1995. The said Government Order provides that teachers of Government institutions shall continue under certain conditions, till end of the academic session on attaining age of su ­perannuation, which means till 30th June next after attaining the age of superannua ­tion. The petitioner's case is that as she fulfils the condition mentioned in Government Order, she is entitled to con ­tinue till end of academic session 1998 -99, which is till 30th June. 1999.

(3.) THE learned Counsel for the petitioner argued that the petitioner being member of Lecturers cadre under Lec ­turers Service Rules, she is entitled to con ­tinue till end of academic session, which has been opposed by learned Standing Counsel. The learned Standing Counsel contended that the service condition of the petitioner are to be governed by U.P. Educational Teaching (Subordinate Gazetted) Service Rules, 1993 (in short 'Subordinate Gazetted Service Rules'), The learned Counsel also argued that as petitioner was not doing teaching work, therefore, she is not entitled to continue till end of academic session.