- (1.) HEARD Mrs. Durga Tiwari, learned Counsel for the Petitioner. Learned Standing Counsel appears for the Respondents.
(2.) AS seniormost teacher serving in Sakaldiha P. G. College, Chandauli, the Petitioner was appointed in the absence of regular Principal (to be appointed by direct recruitment through the U.P. Higher Education Service Commission) as Officiating Principal of the college by the order of the Committee of Management of the College dated 7.7.2009. The regular Principal has not been appointed by the U.P. Higher Education Service Commission so far. The Petitioner attained the age of superannuation on 31.12.2010. Under the U.P. State Universities First Statute (Age of Superannuation, Scales of Pay and Qualifications of Teachers) 1975, made in exercise of the powers conferred under Sub -section (1) of Section 50 of the U.P. State Universities Act, 1973, the Petitioner has to retire under Statue 7, on the last day of the month on attaining the age of 62 years. The proviso to Statute 3 (3), provides that if the date of superannuation does not fall on June 30th, the teacher shall continue in service till the end of academic session i.e. June 30th following, and she will be treated as on reemployment from the date immediately following the date of his superannuation till June 30th following. The Regional Higher Education Officer, Varanasi has by his order dated 17.1.2011 has directed the Manager of the Committee of Management of the college to immediately hand over the charge of Officiating Principal to the next seniormost teacher, giving rise to this writ petition.
(3.) IN the present case it is not disputed that the Petitioner has a right to continue as teacher under proviso to Statute 3 (3) of the U.P. State Universities Statute, 1975 until 30th June following as upto 30th June, 2011. The Petitioner, however, claims that on her reemployment she also has right to continue as Officiating Principal of the college. She has relied upon Statute 10 -B of the U.P. State Universities First Statute 1975, and the judgments of this Court in Prof. K.N. Pandey v. Chancellor Mahatma Gandhi Kashi Vidyapith Varanasi : 1999 (2) UPLBEC 1205 and Meerut College Parivar Kalyan Samiti v. State of U.P. : 2001 (1) UPLBEC 201 to support her claim.;