MURLI SHYAM PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against a Government Order dated 24.8.2017, which provides that a teacher, who is granted extension in service upto the age of 65 years pursuant to Government Order dated 30.12.2014 would retire on the last day of the calender month in which he attains the age of 65 years. Petitioner asserts that such a teacher is entitled to continue till the conclusion of academic session, and curtailment of his term at the end of the calender month is contrary to the specific provisions in applicable laws and is otherwise opposed to the cause of education. A prayer is therefore made to command the respondents to permit the petitioner to function as Principal of Gandhi Smarak Inter College Sahabganj, Chandauli, till the end of academic session 2018-19 i.e. 31st of March, 2019, with all consequential benefits.

(2.) At the outset, it would be worth noticing the two Government Orders with which this Court is concerned in this petition. The Government Order dated 24.8.2017 and the Government Order dated 30.12.2014 are thus reproduced hereinafter:-

(3.) The aforesaid two government orders are required to be interpreted with reference to Regulation 21, Chapter III of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act of 1921') which reads as under:-