Amitava Lala - (1.) Hon'ble By means of Special Appeal No. 1987 of 2009 (Surendra Prasad Agnihoti v. State of U.P. and others) and Special Appeal No. 1991 of 2009 (Abu Mohd. Khan v. State of U.P. and others), the matter has been referred to a larger Bench to decide the following question: "Whether a teacher of Intermediate College who has already been appointed as officiating principal of the Institution by virtue of his seniority on attaining the age of superannuation in the extended period of his service shall continue as officiating principal or simply as a teacher?"
(2.) The Bench has been accordingly formed and carefully heard all the parties to come to an appropriate conclusion,
(3.) Admittedly, Regulation21 of Chapter III framed under the U.P. Intermediate Education Act, 1921, is relevant for due consideration herein. The same is quoted herein below: "21. Superannuation age of Principal, Headmaster, Teacher and other employees would be 60 years. If above said superannuation age of any Principal, Headmaster and Teacher falls on any date in between 2nd July and 30th June, except in the condition when he himself, before two months of the date of superannuation, furnishes in writing the information for not seeking extension of service, extension of service up to 30th June shall be deemed to be conferred on him so that after summer vacation, substitute can be arranged in the month of July. In addition to this, extension of service could be granted only in such special cases which may be decided by the State Government. If date of superannuation of any clerk or fourth class employee falls in the middle of any month, his extension of service would be deemed to be given up to the last date of that month. But if the date of appointment of any employee falls on the first date of any month, he shall be retired on the last date of the preceding month.";