G.P.Mathur, J. - (1.) This special appeal has been filed by the writ petitioner against the judgment and order dated 22.5.2001 of the learned single Judge by which the writ petition filed by him was dismissed.
(2.) The appellant was head master of a primary school and his date of birth is 1.7.1941. He received a notice dated 24.2.2001 that he would retire from the service on 30.6.2001. The appellant filed a representation against the notice stating that he was entitled to continue in service till 30.6.2002. This representation was rejected by the District Basic Shiksha Adhikari by the order dated 19.4.2001. The appellant then filed the writ petition challenging the aforesaid order, which as already stated, was dismissed on 22.5.2001.
(3.) The claim of the appellant is founded on Rule 29 of the U. P. Basic Education (Teachers) Service Rules, 1981 which is being reproduced 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.";