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) Rues, 1993 ( in short 'Subordinate Gazeted Service 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 21.03.1984 read with Government Order No. 1239/19-93-31[14]/95 dated 20.04.1995? The question has arisen as petitioner attained the age of supernnuation in the month of October 1998 when a notice dated 13.10.1998 was served on her by Principal of Institute to hand over charge on 31.10.1998 to another Professor on attaining the age of supernnuation.

(2.) The facts, in brief, relevant for determining present controversy are that petitioner was working as an Asstt. Teacher (Music) L.T. Grade at Rajkiya Kanya Vidyalaya Handia, Distt. Allahabad in the year 1987 when she was transferred to institute as Asstt. Teacher L.T. Grade (music). During her continuance at Institute, she was promoted as Lecturer ( Music). When U.P. Subordinate Educational (Lecturer's Cadre) Service Rule, 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 Professor in Women's Branch during her continuance at institute. 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 direction is that the petitioner was completing age of 58 years i.e. the age of supernnuation. The petitioner being aggrieved by said direction has filed this petition. According to petitioner, she could not be directed to hand over charge in view of Government Order No. 1239/19-93-31[14]/95 dated 20.04.1995. The said Government Order provides that teacher of government institutions shall continue, under certain conditions, till end of the academic session on attaining age of supernnuation, which means till 30th June next after attaining the age of supernnuation. The petitioner's case is that as she fulfils the condition mentioned in Government Order, she is entitled to continue till end of academic session 1998-99, which is till 30th June 1999.

(3.) The condition which is attracted, which entitles her to continue till end of academic and known as session's benefit, according to petitioner is that teachers who were actually teaching some subject regularly are entitled to continue till end of academic session. The petitioner's case is that as she is holding a teaching post of professor and is teaching psychology to students of L.T. Course, therefore, she is entitled to such a benefit. The principal of institute has disputed petitioner's claim that she is regularly teaching. According to Principal, petitioner is a Research Professor and is not associated with the teaching work and is not entitled for the benefit claimed. The Principal in counter affidavit has claimed that the institute is a department of State Council for Educational Research and Training, Lucknow and its main function is to conduct research on various educational subjects, conduct surveys on educational problems and arrange workshop on these topics. Besides aforesaid functions it has also to look after development of curriculum of secondary and primary education as well as preparation of textbooks for them. As according to Principal, the petitioner is associated with research work therefore she is not entitled for session's benefit. Counter-affidavit and rejoinder-affidavit have been exchanged and as the counsel for petitioner and SC agreed that the writ petition be heard and disposed of finally at this stage of admission, therefore, the writ petition has been heard and is being finally disposed of in accordance with rules of the court.