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Allahabad High Court · body

2015 DIGILAW 2135 (ALL)

BHOODEV SINGH v. STATE OF U. P.

2015-07-28

PANKAJ MITHAL

body2015
JUDGMENT Hon’ble Pankaj Mithal, J.—Heard Sri R.P. Mishra, learned counsel for the petitioner. Learned Standing counsel has appeared for respondent Nos. 1 and 2, Sri Prem Prakash Yadav for respondent No. 3 and Sri A.K. Yadav for respondent No. 4. 2. Petitioner has preferred this writ petition against the notice dated 15.12.2014 issued by the Block Education Officer. The said notice states that the petitioner’s date of birth is 6.3.1953. He will attain the age of superannuation of 62 years on 5.3.2015 and that he will retire at the end of the academic session w.e.f. 30.6.2015. 3. The U.P. Basic Education (Teachers) Service Rules, 1981 vide Rule 29 provides that every teacher shall retire from service on the last date of the month in which he attains the age of 60 years. The age of retirement mentioned therein has now been fixed as 62 years. It further provides that the teacher who retires during the academic session (July to June 30th) shall continue to work till the end of the academic session. 4. The purpose of the above provision is to continue the service of a teacher who is retiring in the mids of an academic session in progress till the end of the academic session so that the studies of the students are not disturbed in any manner with the change of teacher or for want of new teacher. 5. It may be pertinent to note that the academic session used to be from 1st July of the year to 30th June of the next year. The aforesaid academic session has been changed vide G.O dated 9.12.2014 to 1st April of the year to 31st March of the next year. 6. In view of the above, the submission of learned counsel for the petitioner is that he is entitle to work till the end of the academic session ie. 30th June next year. 7. Rule 29 of the Rules reads as under : 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 Jun 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.” 8. The above provision lays down two things only. First, a teacher shall retire from service on the last date of the month in which he attains the age of superannuation. Secondly, if he retires during an academic session, he shall continue to work till the end of the academic session. There is no other purpose of the above Rule. The said Rule does not lay down the age of superannuation of a teacher or the period of the commencement or expiry of the academic session. 9. The age of superannuation of a teacher is 62 years and the academic session is from 1st April to 31st March next year. The petitioner attained the age of superannuation on 5.3.2015. Therefore, he was to continue to work till the end of the month of March or till the end of the academic session both of which were to end on 31st March 2015. 10. In these circumstances, the petitioner was only entitle to function till 31st March 2015 and permitting him to work beyond it or even upto 30th June 2015 was not legally justified. However, his working upto 30.6.2012 does not require interference as the benefit extended to him even unauthorisedly cannot be taken away in a petition preferred by him for some other additional relief. 11. It would be completely illogical to permit him to continue in service upto 30th June or 31st March of 2016 as the academic session in which he attains the age of superannuation had ended on 31st March 2015. 12. In view of the aforesaid facts and circumstances, the relief claimed in the petition is misconceived and is not admissible. 13. The petition is therefore dismissed.