V.K.Shukla, J. - (1.) In these bunch of writ petitions, claim of Class III employees and claim of Class IV employees of recognised institution of Madhyamik Shiksha Parishad, U.P. at Allahabad is for issuing writ in the nature of mandamus directing the respondents to enhance the age of superannuation of the petitioners from 60 to 62 years in same way and manner as it has been extended qua the teaching staff of the institution in terms of Government Order dated 4.2.2004.
(2.) Brief facts of the case as has been disclosed by the petitioners in the aforementioned writ petitions is that they have been appointed as Class III employee and Class IV employees at duly recognised institutions of Madhyamik Shiksha Parishad, U.P. at Allahabad. Contention of the petitioners is that in terms of Regulation 21 of Chapter III of U.P. Intermediate Education Act, 1921 age of superannuation of teachers and employees has been provided to be 60 years and once decision has been taken to enhance the age of superannuation of teachers from 60 to 62 years then for the purposes of superannuation teachers and other employees has to be treated as one class and no different treatment could be accorded to the petitioners as such petitioners have been discriminated, and writ of mandamus be issued extending the same benefit as has been extended to teachers in terms of Government Order dated 4.2.2004.
(3.) From the side of respondents counter-affidavit has been filed and therein it has been asserted that as far as non-teaching staff is concerned no decision whatsoever has been taken by the State Government in respect of enhancement of the age of superannuation of the non-teaching staff. The teaching staff cannot be placed at par with the non-teaching staff and three reasons has been indicated for extending age of superannuation of teaching staff namely : (i) There are different working between teaching and non-teaching staff of the institution. (ii) Process of selection of both set of persons are different. Class III and Class IV regulated under the provisions of U.P. Group 'D' Services Rules 1985 as well as under the provisions of recruitment of class III employee Service Rules 1998. (iii) Educational qualification, eligibility and experience of work of teaching and non-teaching staff are different and therefore, they cannot be placed at par with each other.;