S. B. Sinha, J. - (1.) Leave granted.
(2.) Interpretation and application of the rule in regard to grant of benefit known as sessions benefit is the question involved in this appeal which arises out of a judgment and order dated 8-9-2006 passed by a Division Bench of the Allahabad High Court in Special Appeal No.221 of 2004.
(3.) Appellant herein was born on 1st July, 1943. He was appointed as an Assistant Teacher on 21st July, 1975 in a primary school known as Kisan Poorva Madhyamik Vidyalay, Itally Gazna, District Jaunpur. The terms and conditions of service of a teacher indisputably is governed by the Uttar Pradesh Basic Education Act, 1972 (for short, the 1972 Act) and the rules framed under the States rule making power contained in sub-section (1) of Section 19 of the Act known as Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. Rule 29 of the said Rules provided for age of superannuation in the following terms : "29. Age of superannuation.- (1) 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." Academic session has been defined to mean the period from 1st July to 30th June.;