RAM BADAN DUBEY Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri Ram Badan Dubey, petitioner (in person), and the Learned Standing Counsel, Sri Abhinav Upadhyay, Advocate, on behalf of the respondents.

(2.) THE petitioner worked as Assistant Teacher in a recognized Educational Institution, called Agrasen Inter College, Allahabad, in I.T. Grade w.e.f. 1954. He was given notice dated 11 -2 -1985 that he shall attain 60 years and superannuating on 30th June, 1985. Petitioner challenged said notice contending that he was entitled to continue in service up to June, 30, 1986.

(3.) IT appears the aforesaid issue became the cause of dispute between the petitioner and the respondents (college management as well as educational authorities) as a result thereof petitioner filed Original Suit No. 331 of 1985 in the Court of Munsif for declaration that he was entitled to continue in service till June, 1986. Said suit was decreed with cost by the trial Court, vide judgment and decree dated 25 -2 -1988 (Annexure 1 to the Writ Petition) with the direction to pay all privileges/arrears etc. within 40 days and cost fee Rs. 500/ -. It appears the defendant judgment debtor filed time barred appeal along with an application to condone the delay. The appellate Court rejected the application for condonation of delay, vide judgment and order dated January 27, 1990/Annexure 2 to the Writ Petition.