- (1.) SUNIL Ambwani, J. By means of the above writ petitions, petitioners have challenged the orders dated 28-6-2002 passed by Principal, Government Jubilee Inter College, Gorakhpur informing them that they have attained the age of superannuation on 30-6-2002 and as such they be retired. The petitioners have further claimed the relief to declare the proviso of Fundamental Rule 56-A of the Financial Hand Book, Volume II, Part 2 to 4, as ultra-vires to the provisions of the Constitution of India.
(2.) BY orders dated 25-7-2002, time was given to the learned standing Counsel to file counter-affidavit but no counter-affidavit has been filed so far. Learned Counsel for the petitioners has submitted that since the points raised in the writ petitions are purely questions of law and do not involve any investigation of facts, the same may be decided without the counter-affidavit. The learned standing Counsel does not seem to oppose this prayer. I have heard Sri Arvind Srivastava, learned Counsel appearing for petitioners in both writ petitions and learned standing Counsel for respondents.
(3.) PETITIONER Gayatri Prasad Tiwari in Civil Misc. Writ Petition No. 28561 of 2002 was appointed as Lecturer in Physics in Government Jubilee Inter College, Gorakhpur on 29-6-1968 and has completed 58 years of service on 4-7-2001. PETITIONER Zamal Ahmad, in Civil Misc. Writ Petition No. 28563 of 2002, was appointed as teacher in L. T. grade in the same college. He was promoted as Lecturer in 1981 and has completed 58 years of service on 5-8-2001. According to Government Order dated 21-3-1984, the teachers are to continue in service upto the end of next session i. e. till 30-6-2002. Following the said order, petitioners were allowed to continue in service upto the end of academic sessions 2001-2002 i. e. upto 30-6-2002. In the meantime, the State Government decided to increase the retirement age of Government Servants from 58 years to 60 years and for this purpose, Government Order dated 28-11- 2001 was issued to be operative with immediate effect. Paragraph 3 of the order states that Fundamental Rule 56 of Financial Hand Book Volume II, Part 2 to 4 shall be amended suitably by the finance department. By Uttar Pradesh Fundamental (Amendment) Rules, 2002, made by the State Government under Article 309 of the Constitution of India, notified on June 27, 2002, Fundamental Rule 56 was amended by increasing the retirement age from 58 to 60 years for those Government servants who have not completed 58 years on or before the Ist November, 2001. Amended sub-rule (2-1) provides that no Government servant shall be given extension in service beyond the age of retirement of sixty years provided that if any Government servant dealing with budget work or working as a full time member of a committee which is to be wound up within a short period of time, may be given extension of service for a period not exceeding three months. It is further provided that the Government shall have a right to terminate the extension of service before the expiry of such extension by giving a notice in writing of not less than three months in the case of permanent and in case of temporary service, one month notice or one month pay in lieu of notice.;