S.D. Agarwal, J. - (1.) THESE are two connected petitions. The dispute in both the petitions relates to the post of Principal of Rastriya Inter College, Ismailpur, Bulandshahar . Admittedly, Ram Singh Yadav is the Principal of the Institution. On 4th September, 1988 he made an application for voluntary retirement as he had completed 45 years of age and had put in 20 years of service. His date of birth is 1st December, 1937 and in the normal course he would have retired after attaining the age of sixty years. In this application dated 4th September, 1988, he had specifically mentioned that he seeks voluntary retirement after the end of April, 1989. On 8th April, 1989, the Principal requested the Manager of the College that his voluntary retirement be accepted with effect from 30th June, 1989 instead of 30th April, 1989, which was his earlier request. In this circumstance, the request of the Principal was that he should be retired with effect from 30th June, 1989. On 30th June, 1989 the Principal again wrote to the Committee of Management that he now wants to withdraw his application for seeking voluntary retirement. The matter in regard to the voluntary retirement was considered by the District Inspector of Schools. He by an order dated 11th September, 1989 acceded to the request of the Principal Ram Singh Yadav and held that in view of the letter dated 30th June, 1989 the application made by the Principal for voluntary retirement be treated as cancelled.
(2.) THE order dated 11th September, 1989 has been challenged in the writ petition No. 3794 of 1990 by Raj Singh Yadav, who claims himself to be the officiating principal of the College. After the order dated 11th September, 1989 was passed, the District Magistrate, Bulandshahar by an order dated 2nd October, 1989 stayed the earlier order dated 11th September, 1989 passed by the District inspector of Schools. On 11th October, 1989, the District Inspector of Schools, Bulandshahar also stayed the order dated 11th September, 1989 under the direction of the Deputy Director of Education. The petitioner, consequently, challenged the orders dated 2nd October and 11th October, 1989 before this Court in writ petition No. 18945 of 1989. This petition was filed on 17th October, 1989. A Division Bench of this Court passed an interim order on that very day staying the operation of the order dated 2nd October, 1989 passed by the District Magistrate, Bulandshahar and the order dated 11th October, 1989 passed by the District Inspector of Schools, Bulandshahar .
(3.) WE have heard the learned counsel for the parties in both the petitions. Since counter affidavit and rejoinder affidavit have been exchanged, the parties are agreed that both these petitions may be disposed of at this stage. It is also not disputed by the parties that in case the writ petition No. 3794 of 1990 is dismissed and the order dated 11th September, 1989 passed by the District Inspector of Schools, Bulandshahar is held to be valid, then the subsequent writ petition No. 18945 of 1989 has to be allowed.;