- (1.) This special appeal has been filed by Shashi Prabha Dwivedi, the petitioner against the order of the learned Single Judge dated 29.4.2016 whereby the benefit of continuing in service till the end of the academic session i.e. up to 31.3.2016 has been denied to the petitioner.
(2.) The facts in short relevant for deciding the controversy are as under:- That the date of birth of the appellant is 01.05.1951, she was working as Assistant Teacher in a primary institution, the service condition whereof are regulated by Uttar Pradesh Basic Education Teacher Service Rules, 1981 (herein after referred as Rules, 1981). These rules have been framed under Section 19 of the U.P. Basic Education Act, 1972 and, therefore, the Rules answer the description of the subordinate legislation.
(3.) Rule 29 of the Rules, 1981, provides for the age of retirement of the teachers and reads as follows:- "29. Age of superannuation- Every teacher shall retire from service in the afternoon of the last day of the month in which he attains the age of 62 years. Provided that a teacher who retires during an academic session (July 1 to June 30) shall continue to work till the end of the academic session that is, June 30 and such period of service will be deemed as extended period of employment.";