VEERAWALI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) PETITIONER before this Court claims to be working as teacher in the primary section of a recognized and aided junior High School. It is claimed that the service conditions of the teachers of Junior High School including their age of retirement are regulated by the U.P. Recognised Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978. It is stated that vide amendment in Rule 14 of the aforesaid 1978 Rules, vide notification dated 25th October, 2005 the age of superannuation of Head Master and Assistant Teacher has been extended from 60 to 62 years. It is, therefore, contended that the petitioner being part and parcel of the junior High School are entitled to the benefit to the said amendment and to continue the service till they attain the age of 62 years. Reliance has also been placed on the Government Order dated 4.2.2004 whereby teachers of the Parishadiya Junior Basic School, Parishadiya Senior Basic School as well as recognized and aided Senior Basic School have been directed to retire on attaining the age of 62 years only. It is in this background that the petitioner challenge the notice issued by the Manager of the institution dated 22.6.2009 informing the petitioners that he shall retire on attaining the age of superannuation i.e. 60 years. The notice makes mention of the letter of the Senior Finance and Accounts Officer, Ghaziabad dated 25.5.2009 which in turn mentions that teachers of primary section of an aided Junior High School shall retire on attaining the age of 60 years only as has been clarified by the Joint Director of Education (Manila Shiksha) Allahabad vide her letter dated 19.9.2007.

(2.) I have heard counsel for the parties and have gone through the records of the writ petition.

(3.) THE extent of application of the 1981 Rules has been provided under Rule 3 namely teachers of institutions transferred to the Board i.e. Basic Shiksha Parishad and teachers employed in Basic and Nursery schools established by the Board.