Ravi S. Dhavan, J. - (1.) There are many teachers or Primary/Basic and Secondary Schools whose date of birth is 1st July and an issue has been raised by the State-respondents on their last working day. There is no issue on regulations, which exist, applies to all the teachers whether Primary, Basic or Secondary Schools that between the beginning of a session and the close of it, i.e. between 1st July, and the following 30th June, should a teacher retire in between he would be permitted to work until the close of the academic session. Of course, this extension of service is contingent on the circumstance that the teachers apply to continue on extended service.
(2.) Normally, there would not have been any issue between the teachers and the State-respondent, but, a little earlier than two.months prior to 30 June, they started receiving letters from the Basic Education Officer or the District inspector of Schools, of heir district, that regard being had to the circumstances that their date of birth is 1st July, they will see retirement on 30th June. This prevented the teachers from putting in their applications to the authority concerned that they are available for an extended service beyond 1st July, i.e., to complete the session until 30th June, next. Several writ petitions have been filed and are being considered alongwith this one.
(3.) No counter-affidavit has been forthcoming from the State respondents, though adequate opportunity was given by the Court to file it. The following order of the Court in this regard is relevant : "Despite notice to the respondents whether the State respondents representing the Director of Education or any other party, no counter-affidavit has been filed. Thus, this is not a matter in which the party respondents are without notice or opportunity. In this and other such cases, it was understood that the matter would proceed as the petitions would become in-fructuous at the end of June. Learned Standing Counsel for the State of Uttar Pradesh, Mr. Prabhakar Singh, and the learned Standing Counsel appearing for the Basic Shiksha Parishad, Mr. K.S. Shukla, have both made a statement that a counter-affidavit in the matter in issue engaging the attention of the Court, is not necessary. The issue is thus ; Should the date of birth of 5 teacher be 1 July, i.e., beyond the last academic session, would be continue to serve until the end of the academic session next 30 June. This and other connected cases, thus, shall proceed and all (the petitioner and respondents) are agreed that it should." ;