U.K.DHAON, J. - (1.) HEARD Miss. Renu Misra holding brief of Sri P.K. Srivastava and Sri R.N. Tilhari, learned counsel appearing on behalf of opposite parties.
(2.) THE petitioners have approached this Court against the order dated 29.6.2002 by which the petitioners were directed not to sign the attendance register after 30.6.2002. The brief facts of the case are that at the relevant time, the petitioners were working as Assistant Teacher Basic. The date of birth of the petitioners is 1.7.1942, and as the petitioners were completing 60 years of age on 30.6.2002, the said order dated 29.6.2002, which is under challenge in the instant petition was issued by the Nagar Shiksha Adhikari. The learned counsel for the petitioners submits that in compliance of the interim order dated 3.7.2002 all the petitioners have worked till 30.6.2003. She further submits that academic session starts from 1st May and it ends on 30th April in the next following calendar year. She further submits that in accordance with Rule 29 of the U.P. Basic Education (Teachers) Service Rules, 1981, the petitioners have a right to continue in service till the end of the academic session.
(3.) SRI R.N. Tilhari, learned counsel for the opposite parties No. 2 and 3 submits as the date of birth of the petitioners is 1.7.1942 they have attained the age of superannuation on 30.6.2002 and there was no illegality in the impugned order dated 29.6.2002. He further submits that rule also provides that a teacher who attains the age of 60 years on 30th June shall not be entitled to continue till the end of the academic session. He has relied upon a decision of this Court dated 31.8.1993 passed in Special Appeal No. 524 of 1993, Committee of Management v. Sheel Chandra Tyagi.;