Mata Prasad Sharma v. Director of Secondary Education, U. P. Allahabad
1987-08-19
A.N.VARMA, S.D.AGARWALA
body1987
DigiLaw.ai
JUDGMENT S.D. Agarwala, J. - This is a petition under Article 2.26 of the Constitution of India. The dispute in this petition is in regard to the date of retirement of teachers in Government College. 2. The petitioner is working as Assistant teacher in the Government Intermediate College, Poorav Goan, Pratapgarh. His date of birth is 1st July 1929. The date of retirement, according to rules, applicable to the case of the petitioner is 58 years and as such, the date of superannuation would be 30th June, 1987. 3. The case of the petitioner is that since the session has now been changed from 1st May to 30th April of the succeeding year and his date of superannuation falls in the mid session, therefore he is entitled to continue in service till 30th April, 1988. 4. By a Government order dated 17th December 1973 passed under Fundamental Rule 56-A of the Financial Hand-book volume II parts if to IV. it was provided that the age of superannuation of the principals, Headmasters and teachers of tire Government Intermediate Colleges would be 58 years and that if the date of superannuation fails between 1st of July and 30th June, then they would continue till tire end of the academic session namely, till 30th June. 5. By a subsequent order dated 21st March, 1984, it was further directed that after the date of superannuation, the Principals, Head Masters and teachers could be continued till the end of the session only on certain conditions, namely, their work and conduct had been satisfactory during tire period of their service, they were mentally and physically fit to work and that they were teaching a specific subject. The result was that the extension of the service beyond 58 years till the end of the academic session was made conditional on the Principals, Head Master and Teachers satisfying the authorities concerned that they fulfil the above mentioned three conditions. These conditions were laid down for the benefit of the student community. 6. On 24th December, 1986, the Director of Education had issued a Circular letter to all the institutions stating therein that the new academic session would begin from 1st May, 1987.
These conditions were laid down for the benefit of the student community. 6. On 24th December, 1986, the Director of Education had issued a Circular letter to all the institutions stating therein that the new academic session would begin from 1st May, 1987. It is because of this letter that it has been argued that since the academic session is changed from 1st May, 1987, and would end on 30th April, 1988, therefore the petitioner is entitled to continue till 30th April, 1988. 7. It is not disputed that no fresh Government order has been passed after 21st March, 1984. There is no vested right in the petitioner to continue in service after the date of superannuation. Since there is no Government order changing the academic session from 1st July to 30th June, which has been specifically provided in the order of i 7th December 1973, the petitioner has no right to continue till 30th April, 1988. as according to the Government order, referred to above, the session will continue to commence from 1st July and end on 30th June of the succeeding year. By a mere issuance of a circular letter by the Director of Education, the order issued under Fundamental Rule 56-A is not affected. The circular letter cannot over ride the Government order. In the circumstances, the petitioners date of retirement cannot be extended till 30th April, 1988. 8. Since the date of superannuation of the petitioner is 30th June, 1987, which is the last date of the academic session, as referred in the Government order dated 17th December, 1973, the petitioner would retire on that date and no question of extension of his services arises. 9. In the result, the petition fails and is, accordingly, dismissed. The interim order is hereby vacated, Parties are directed to bear their own costs.