Sudhir Narain Agarwal, J. - (1.) THE petitioner has sought a writ of certiorari quashing the orders dated 3.3.1992 and 8.7.1992 passed by respondent Nos. 1 and 3 respectively directing the petitioner to retire at the age of 58 years. The facts in brief are that a Montessori School was being run known as "Bal Vidyalaya Montessori School Harduaganj" (hereinafter referred to as the 'School') by Harduaganj Thermal Power Project, Kasimpur, District Aligarh. This school was taken over by the U.P. State Electricity Board (hereinafter referred to as the electricity Board) in the year 1976 on certain terms and conditions, copy of which has been annexed as Annexure - 1 to the writ petition. The school is imparting education from 1 to 5th class. The petitioner applied for appointment in the said school and she was given appointment letter dated 31.3.1977 as Assistant Teacher. She was allowed C.T. grade by letter dated 19.8.1977. The Manager of the school on 3.3.1992 issued a letter intimating the petitioner that she would retire from the school on 31.8.1992 when she completes her 58 years of age.
(2.) THE petitioner made a representation to the Secretary, U.P. State Electricity Board, respondent No. 4 contending that she was to retire at the age of 60 years as necessary instruction has been issued by the Education Department in this matter. Respondent No. 4, however, did not pass order. The petitioner also approached to District Basic Shiksha Adhikari, Aligarh and he by his letter dated 1.6.1992 intimated to the Manager of the school that the proposed retirement of the petitioner at the age of 58 years was against the provisions of U.P. Basic Shiksha (Adhyapak) Seva Niyamawali, 1972 read with Basic Shiksha (Adhyapak) Seva Niyamawali, 1981, Respondent No. 2, however, did not accept the said order and thus the petitioner has filed this writ petition. The question involved is as to what is the age of superannuation of a teacher of a school recognised under the provisions of U.P. Recognised Basic School (Recruitment and Conditions of Service of Teachers and other Conditions) Rules, 1975 (hereinafter referred to as the Rules of 1975). It is admitted that the Montessori School run by respondents Nos. 1 to 3 is a recognised school under the Rules of 1975. The terms and conditions of the teachers and employees of a recognised school are governed by the provisions of the aforesaid Rules. Rule 9 provides for appointment of Teachers. Rule 10 relates to the salary of teachers. It is necessary to produce Rule 10: - - 10. Salary of teachers. - A recognised school shall undertake to pay with effect from July 1, 1975 to every teacher and employee the same scale of pay, dearness allowance and additional dearness allowance as are paid to the teachers and employees of the Board possessing similar qualification. Pay will be disbursed through cheque.
(3.) FROM bare perusal of Rule 10 it is clear that a teacher and employee of a recognised school is to be paid the same scale of pay, dearness allowance and additional dearness allowance as are paid to the teachers and employees of the U.P. Board of Basic Education (hereinafter referred to as the Board) possessing similar qualifications. They were brought on parity with those teachers who were employed by the Board in the institution run by it.;