Shishir Kumar, J. - (1.) Writ Petition No. 25158 of 2002 has been filed for quashing the impugned order/notice dated 21.6.2002, Annexure-2 to the writ petition. Further prayer is for issuing a writ of mandamus directing the respondents to permit the petitioner to continue as lecturer in the institution.
(2.) Writ Petition No.26772 of 2002 has been filed by the petitioners for quashing the orders dated 29.6.2002 and for a direction declaring the second proviso of U.P. Fundamental Rules 56 (a) as substituted by Notification dated 26.6.2002 to be ultravirus to Article 14 of the Constitution of India and accordingly inoperative.
(3.) The facts arising out of the writ petitions are that the petitioner in Writ Petition No. 25158 of 2002 was appointed as Assistant Teacher in the Government Inter College, Fatehpur in 1964. It has been stated that the petitioner is entitled to continue up to the age of 60 years in view of the amendment dated 28.11.2001 in Fundamental Rules in which the age of retirement of Government servant has been extended from 58 years to 60 years. As such, the petitioners were also entitled to get the said benefit. But a retirement notice dated 21.6.2002 has been issued to the petitioners retiring the petitioners on 30.6.2002. The petitioner no.1 in Writ Petition No.26772 of 2002 was appointed as Assistant Teacher in the L.T. Grade on 25.1.1965 and petitioner no.2 was appointed in 1971. The date of birth of the petitioners no.1 and 2 is 2.7.1943. As the age of retirement has been enhanced by a notification-dated 28.11.2001 from 58 years to 60 years, as such the petitioners are entitled to get the said benefit.;