- (1.) The petitioner was an Assistant Teacher in an Intermediate College. He is aggrieved by the communication of the District Inspector of Schools, Allahabad dated 02/05th June, 1998 to the Committee of Management, whereunder petitioner's claim for his arrears of salary from 01st July, 1996 to 25th July, 1997 has not been accepted and the Committee of Management has been directed to take appropriate decision treating the said period as the petitioner was on leave without pay.
(2.) The foundational facts, in brief, are that the petitioner was appointed as an Assistant Teacher in an Intermediate College, namely, Boys Inter College, C.O.D., Chheoki, District Allahabad (for short, the "Institution"), which is a recognised institution. It receives aid out of the State fund. The provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971 are applicable to the institution.
(3.) Present dispute arose in respect of the option to retire at the age of 60 years. The date of birth of the petitioner is 25th January, 1938. He was initially appointed in the year 1972. The State Government by a Government Order dated 29th August, 1981 offered option to the teachers to either retire at the age of 58 years or 60 years in terms of Rule 15 of the Death and Retirement Rules, subject to certain conditions. It is stated by the petitioner that on 30th December, 1982 he submitted his option for retirement at the age of 58 years. However, he did not receive any communication from the respondents either accepting or rejecting the said option.;