- (1.) Heard learned counsel for the petitioner and Shri S.P. Mishra, learned Standing Counsel appearing for respondent Nos. 1, 2 and 3 and have perused the record.
(2.) The petitioner is working as Incharge Principal in the respondent-Institution (Rashtriya Sanskrit Madhyamik Vidyalaya Tarawan, Sonebhadra). His date of birth is 20.5.1953. He is claiming session benefit on the strength of change made in the academic session changing the same from 1st July to 30th June to 1st April to 31st March vide Government order dated 12.6.2015, which was issued in respect of the Government Colleges and the aided institutions covered by the provisions of the Uttar Pradesh Intermediate Education Act, 1921. Regulation 21 of Chapter III of the Regulations framed under the Act of 1921, was amended by the Government. The claim of the petitioner is on the strength of the amendment made in Regulation 21 of Chapter-III of Regulations, which is quoted as under: 586805-1 The claim of the petitioner is totally unfounded as Rashtriya Sanskrit Madhyamik Vidylaya Tarawan, Sonebhadra is governed by the Board, which has been constituted by the U.P. Board of Secondary Sanskrit Education Act, 2000 and the Rules framed thereunder. The said Rules are known as Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and other employees of the Institution) Rules, 2009.
(3.) The relevant Rule 35 of the aforesaid Rules, 2009 are quoted as under: "35. The age of superannuation of Head of Institution and teachers shall be 62 years and the age of superannuation of the other employees shall be 60 years. If the date of retirement of a head of the institution or teacher falls between 2nd July and 30th June, he shall be given automatic expansion or service till 30th June of the year unless he gives in writing the denial of the same.";