- (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner claims to be working as Assistant Teacher in Intermediate College. He is seeking entitlement to continue in service till the end of academic session, based on the amended Regulation 15 of Chapter-I and Regulation 21 of Chapter-III of the Regulations made under U.P. Intermediate Education Act, 1921.
(3.) The contention of the learned counsel for the petitioner is that the date of birth of the petitioner is 26.1.1953. The age of superannuation under Regulation 21 being 62 years, he has attained the age of superannuation on 26.1.2015. However, in view of the earlier existing Regulation 21, the petitioner has been allowed to continue till the end of academic session i.e. 30.6.2015. Now in view of amended Regulations 15 and 21 vide notification dated 15.10.2014 and 12.6.2015, the definition of academic session has been changed instead of commencing from 1st July and ending on 30th June next thereafter, the academic session now commences from 1st April and ends on 31st March next. Therefore, the ensuing retirement of the petitioner on 30th June falls in mid academic session as per the amended Regulations and the petitioner is entitled to continue till 31st March, 2016. In this regard, learned counsel for the petitioner has placed reliance upon the judgment of this Court dated 16.6.2015 passed in Writ Petition No.3433 (SS) of 2015 (Krishna Kumar Dwivedi vs. State of U.P.). He has also placed reliance upon the decision of the Supreme Court , Uttar Pradesh Power Corporation Ltd. vs. Rajesh Kumar and others, 2012 7 SCC 1 specially Para-19 thereof, to submit that this Court is bound to follow the aforesaid judgment passed by a coordinate Bench of this Court and cannot take another view in the matter.;