A.P.Sahi, J. - (1.) Heard Sri M.A. Qadeer, learned Counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 & 2 and Ch. N.A. Khan for the respondent No. 3
(2.) The dispute in the present writ petition is in respect of the claim of continuance in service by the respondent No. 3 in terms of the impugned order dated 28.9.2005.
(3.) The undisputed facts are that the institution in question is a Madarsa and is governed by the provisions of the Uttar Pradesh Ashaskeeya Arbi Tatha Farsi Madarson Ki Manyata Niyamawali, 1987, The aforesaid Rules are, however, not statutory Rules. The Rules, however, indicate that the age of retirement of an employee of Madras shall be 60 years. Rule 35 of the said Rules provides that a person shall retire at the age of 60 years but in case his date of retirement falls after 30th June of the Session then such an employee will be given the benefit of extension of service till the end of the said Sessions.;