JUDGMENT (1.) A. Chakrabarti, J. The petitioner contended that he joined on 20-11-1962 as Assistant Master History after being selected by the U. P. Public Service Commission. He served as Lecturer in History and thereafter was promoted to the post of Headmaster in a higher secondary school in Mirzapur where he served till 9-12-1980. Petitioner was transferred as Assistant Secretary, U. P. Board of High School and Intermediate Education, Allahabad where he served till 17-8-1986. The petitioner was promoted to class I service by order dated 24-7-1986 and was posted as Deputy Secretary, Board of High School and Inter mediate Education, U. P. Allahabad from 18-8-1986 to 13-8-1987 and thereafter was transferred as Assistant District Inspector of Schools, Allahabad where he served till 30-6-1989. On his own seeking the petitioner thereafter was posted as Principal, Government Intermediate College, Mirzapur but only after a short period of 25 days he was again transferred to Allahabad as Professor in the Central Pedagogical Institute, Allahabad and discharging his duties there ultimately retired on 31-8-1990. The petitioner sought for continuation in service till the end of next academic session in view of the provisions made therefor as contained in Government Order dated 21-3-1984 (Annexure 1 to the writ petition). But, as no order was being passed for the same relief, this writ petition was filed. The respondents No. 1, 2 and 3 filed counter-affidavit denying the claim of the petitioner. The petitioner also filed rejoinder-affidavit. (2.) ON the said writ petition on 28-8-1990 in interim order was passed whereby the respondents were restrained from retiring the petitioner before 30-6-1991 not withstanding his date of retirement being 30-8-1990 and it was made clear that the petitioner would not continue in service beyond 30-6-1991. Curing the pendency of the writ petition and application for amendment of the writ petition was filed for incorporating additional relief clauses for payment of salary withheld with interest and for other reliefs. In the affidavit filed in support of such application it was disclosed that by virtue of the interim order obtained the petitioner continued in service till 30-6-1991 and that the pension has been kept withheld although finalised. It has also been stated that by a Government Order dated 9-5-1991 the amount of salary paid to the petitioner during the extended service by virtue of the interim order was proposed to be withheld from the gratuity and provident fund amount. It has also been stated that by a Government Order dated 9-5-1991 the amount of salary paid to the petitioner during the extended service by virtue of the interim order was proposed to be withheld from the gratuity and provident fund amount. (3.) HEARD the learned counsel for the petitioner and the learned Standing Counsel. (4.) AFTER hearing the respective contentions of the parties, we find that the petitioner makes a claim in respect of his right to continue in service till the end of the next academic session by application of the Government Order dated 21-3-1984 and for payment of retirement benefits in accordance with law. The contention of the respondents is that the petitioner is not entitled to the said benefit as for certain periods the petitioner was holding a non-teaching post and that the petitioner was holding the post of Professor in Central Pedagogical Institute in respect of which the said Government Order does not apply. (5.) FROM the admitted facts it is available that the petitioner was originally appointed in the post of teacher in the year 1962 and the substantial part of his service career was as a teacher. For short periods, the petitioner was in non-teaching posts but he was holding such posts on transfer. When such teaching and non-teaching posts are such that an employee can be transferred from one post to other, we do not find that the petitioner is liable to be deprived of the benefit of the Government Order particularly when at the time of retirement the petitioner was holding a teaching post. The principle on which the Government Order was issued as appears from the said Government Order itself does not justify exclusion of the petitioner from application of the said Government Order. The only conditions which have been prescribed in the said Government Order dated 21-3-1984 are appearing from the same and there is no case made out by the respondents that any of the said conditions is lacking in the case of the petitioner. (6.) THE other contention of the respondents for not applying the Government Order in case of the said Central Pedagogical Institute, does not have any basis. (6.) THE other contention of the respondents for not applying the Government Order in case of the said Central Pedagogical Institute, does not have any basis. THE Government Order itself indicates that the same applies to Government institutions and it is not the case of the respondents that the said Central Pedagogical Institute is not a Government Institution or no teaching takes place in the said institution. THE post held by the petitioner at the time or his retirement is the post of Professor. Therefore, the said objection of the respondents has also no force. No other contention having come up for consideration and in view of the above findings, the writ petition succeeds and is hereby allowed. The petitioner is held entitled to the benefits of the Government Order dated 21-3-1984 at Annexure 1 to the writ petition and as such he was entitled to hold the post till the end of the next academic session, i. e., 30-6-1991 and to payment of salary for the said period in accordance with law. The respondents are directed to pay all retirement benefits including pension to the petitioner treating him as retired on 30-6-1991 enjoining the benefit of continuing academic session as provided under the Government Order dated 21-3-1984. All arrears with interest at the rate of 12 per cent per annum are to be paid within three months from the date of production of a certified copy of this order. (7.) THERE will be no order as to costs. Petition allowed.