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2003 DIGILAW 1370 (ALL)

SHIV KUMAR UMRAO v. STATE OF U. P.

2003-06-18

VINEET SARAN

body2003
VINEET SARAN, J. ( 1 ) THE petitioner is admittedly Head Master in a Primary School. He is to attain the age of sixty years, i. e. , the age of superannuation on 22nd June, 2003. As per Rule 29 of the U. P. Basic education (Teachers) Service Rules, 1981, the petitioner is entitled to continue till the end of trie academic session on 30th June, 2003. ( 2 ) BY means of this writ petition the petitioner has prayed for a direction to the respondents to permit the petitioner to continue to work as Head Master of the School till 10th May, 2004. ( 3 ) LEARNED counsel for the petitioner has submitted that by a Circular dated 13. 12. 2002, issued by the Director of Education (Basic), Uttar Pradesh Basic Shiksha Parishad, Allahabad to all the zila Basic Shiksha Adhikaris the session which was earlier from 1st July to 30th June has been changed to be from 11th May to 10th May of the succeeding year. ( 4 ) THE Circular dated 13. 12. 2002, which has been filed as Annexure-4 to the writ petition has been perused by me. In the said circular, it is stated that on 10th May the preparation and declaration of results would commence and from 11th May till 20th May the admissions for the new session would commence. It has also been clarified that after the admissions are made, the academic session would commence from 1st July, 2003. In my view the said circular cannot be interpreted to mean that the session has been changed to be from 11th May to 10th May of the succeeding year. The academic session would continue to be from 1st July till 30th June of the succeeding year. Even Rule 29 of the Rules of 1981 categorically states that a teacher would retire at the end of the session i. e. , 30th June, 2003. The relevant Rule 29 is quoted below : "29. Age of superannuation.--Every teacher shall retire from service in the afternoon of the last day of the month in which he attains the age of 60 years : provided that a teacher who retires during an academic session (July 1 to June 30) shall continue to work till the end of the academic session, that is, June 30 and such period of service will be deemed as extended period of employment. " ( 5 ) HAVING heard the learned counsel for the petitioner Sri V. K. Nagaich as well as Sri Sanjay yadav and the learned standing counsel appearing for the respondents I am not satisfied that the petitioner is entitled to any relief. The wordings of Rule 29 are absolutely clear that in case if a teacher retires during the academic session he shall be permitted to continue till the end of that academic session, i. e. , till 30th June of that academic session. In the present case, the petitioner is to attain the age of superannuation on 22nd June, 2003 and in accordance with Rule 29 he shall be deemed to be in service till 30th June, 2003. As already mentioned the circular dated 13. 12. 2002 cannot be interpreted to mean that the academic session is to begin from 11th May and ends on 10th May of the subsequent year. ( 6 ) FOR the foregoing reasons, this writ petition is dismissed as being devoid of merits. However, there shall I be no order as to costs. .