M.Katju, J. - (1.) This writ petition as well as connected writ petition Nos. 32617 of 1996, and 11221 of 1996 are being disposed of by a common judgment.
(2.) The controversy in these writ petitions as to who is entitled to be ad hoc principal of Sri Annu Rai Intermediate College, Ballia. Admittedly the petitioner was the senior most teacher in the institution and hence in accordance with the judgment of this Court in Radha Raizada v. District Inspector of Schools and Ors., 1994 (3) UPLBEC 1551, he is entitled to work as ad hoc principal. The contention of Sri Abhay Narain Singh was that the petitioner Awadhesh Pandey had declined to be the principal in 1979. However, subsequently when the post of principal again fell vacant on the retirement of the out going principal on 30-6-1995, the petitioner Awadesh Pandey was entitled to be appointed as ad hoc principal. The fact that he had declined the post in 1979 cannot be a good ground for refusing him the post in 1995. In fact this controversy has already been decided writ petition No. 21821 of 1995 Awadesh Pandey v. D.T.O.S. and Ors., which was allowed by Hon'ble R. A. Sharma, J. on 12-2-1996. Hence this controversy cannot be raised again.
(3.) The Awadhesh Pandey has already retired. It is true that earlier he had given the option to retire at the age of 58 years. He was born on 19-1-1938 and he would have retired on 30-6-1996 i.e. at the end of the session. However, he moved a fresh option on 5-1-1991 withdrawing his earlier option and opting to retire at the age of 60 years. A Division Bench of this Court in Special Appeal No. 482 of 1993 decided on 20-12-1993, Smt. Kamla Sharma v. Deputy Director Education and Ors. has held that the option can be changed at any time before the retirement. Hence the petitioner Awdesh Pandey having given the fresh option to retire at the age of 60 years is entitled to continue as principal till 30-6-1998.;