Visheshwar Nath Khare, J. - (1.) BY means of this petition under Article 226 of the Constitution of India petitioner seeks issuance of a writ of certiorari quashing the orders dated 17.1.92, 17.3.92 and 1.4.92 passed by respondents No. 2, 3 & 4 respectively whereby the petitioner was told that he stood retired on 30th June, 1991 from the post of Lecturer in the Department of Chemistry and further been asked to refund the salary illegally "paid to him. The petitioner in this petition was appointed as Lecturer in the Department of Chemistry, S.D. Post Graduate College, Muzaffar Nagar (hereinafter referred to as 'the institution'). The institution is affiliated to the Meerut University and is governed by the provisions of the U.P. State Universities Act and statute framed thereunder. The age of superannuation of a teacher of an affiliated institution is 60 years. The date of birth of the petitioner is 1st July 1931 and as such he retired from service on 30th June, 1991. However, the Principal of institution by letter dated 24th June, 1991 informed the petitioner that since he is attaining the age of superannuation, he may handover the charge of the department to the next senior most teacher on 1st July, 1991 and in view of the 1st Statute of the Meerut University, he is entitled to continue as teacher till 30th June, 1992. The petitioner alleges that since he retired from service on 1st July 1991 and, as such, he handed over charge of the Department to the next senior most teacher and intimated the Principal by letter dated 1st July, 1991, that he would continue in service till 30th June, 1992, as per first statute of the Meerut University. Petitioner further alleges that in pursuance of the letter of the Principal he continued to teach in the institution and was paid salary and it was only on receipt of letter dated 27th January, 1992, from respondents that he has already stood retired on 30th June, 1991, the respondents stopped the payment of salary to him and further directed for the recovery of the amount paid to him. It is at this stage the petitioner has come -up to this court by means of this petition under Article 226 of the Constitution of India.
(2.) LEARNED counsel for the petitioner urged that since the petitioner's date of birth is 1st July, 1931 and, as such, he would retire on 1st July, 1991 and thus, the petitioner is entitled to an extension of service till 30th June, 1992 and the view taken by the respondents, contrary to it, is illegal. On the argument of learned counsel for the petitioner the question that arises for consideration is as to whether the date of superannuation of a teacher would fall on his date of birth. In the case of Prabhu Dayal Seema v. State of Rajasthan and another : 1986 (4) S.C.C. 59, the Supreme Court while interpreting Sec. 4 of the Indian Majority Act, 1975 has held as thus: - - The section embodies that in computing the age of any person, the day on which he was born is to be included as a whole day and he must be deemed to have attained majority at the beginning of the eighteenth anniversary of that day. As already stated, a legal day commences at 12 O'clock mid -night and continues until the same hour the following night. It would therefore appear that the appellant having been born on 2nd January, 1956, he had not only attained the age of 18 years but also completed the same at 12 O'clock on the midnight of 1st January, 1984. On the next Hay that is on 2nd January, 1984 the appellant would be one day more than 18 years. In Committee of Management, Janta Janardan Inter College, Basera v. Shiv Chandra Tyagi S.A. No. 524 of 1983, decided on 31st August, 1990, a Bench of this Court held that the date of superannuation of teacher would fall on completion of the day prior to his date of birth. In view of these decisions it can be safely held that a teacher would attain the age of superannuation not on his date of birth but on the completion of the day earlier to his date of birth. We are, therefore, of the opinion that the petitioner having born on 1st July, 1931, had attained the age of superannuation on 30th June, 1991. The petitioner having retired on 30th June, 1991, was thus not entitled to an extension of service for next academic year and the view taken by the respondents that the petitioner stood retired from service on 30th June, 1991, does not suffer from any legal infirmity. We accordingly reject the argument of learned counsel for the petitioner that date of superannuation of petitioner will be his date of birth.
(3.) LEARNED counsel for the petitioner, then referred to statute No. 17.15 of the Meerut University which is extracted below: - - 17.15 No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these statutes. Provided that a teacher: - - (i) whose date of superannuation does not fall on June 30; or (ii) whose date of birth is July 1 and who having been employed from before the commencement of these statutes continues to be in service as such on the date of commencement of the Meerut University (Twenty Second Amendment) First Statute, 1985, shall continue in service till the end of the academic session, that is June 30 following and will be treated as on re -employment from the date immediately following his superannuation till June 30, following. Provided further that such physically and mentally fit teachers shall be re -appointed for a further period of one year, after June 30 following the date of their superannuation as were imprisoned for taking part in freedom struggle of 1942 and are getting freedom fighter's pension. On the strength of the Statute referred to above, learned counsel for the petitioner argued that the petitioner having been born on 1st July, 1931 was entitled to continue in the service for the next academic year. The statute relied upon by the learned counsel for the petitioner was amended by notification dated 8th Dec., 1987 by the State Government which runs as thus: - - PARANTU YADI KISI ADHYAPAK KI ADHIVARSHITA KA DINANK 30 JUNE NA HO TO WAH SHIKSHA SATRA ARTHAT ANUVARTI 30 JUNE TAK SEVA MEN BANA RAHEGA AUR APNI ADHIVARSHITA KE DINANK KE THEEK ANUVARTI DINANK SE AAGAMI 30 JUNE TAK PUNARNIYOJIT SAMJHA JAYAGA.;