S. D. Agarwala, J. - - (1.) THESE petitions and other group of similar petitions relate to retirement of the Principal, Head Master, teachers and other employees of the Intermediate Colleges as well as the Basic Schools.
(2.) UNDER the existing provisions of law, the above mentioned employees, both in the Colleges governed by the U. P. Intermediate Education Act, 1921 as well as those governed by the U. P. Basic Education Act, 1972 were to retire on 30th June 1987. These petitions have been filed claiming that they should not be retired on 30th June, 1987, but should cotinue to remain in service, either till 30th April, 1988, or 30th June, 198s. In order to examine the exact position of law in regard to those serving in the Intermediate Colleges as well as in the Basic Schools, it is necessary to refer certain provisions of law which are relevant in this connection. High School and Intermediate Colleges The Principal, Head Master, teacher and other employees of the Intermediate Colleges are governed by the provisions of the U. P. Intermediate Education Act 1921 (hereinafter referred to as the 1921 Act). 1921 Act provides for the constitution of a Board of High School and Intermediate Education. In Section 3, the constitution of the Board has been laid down. Section 15 empowers the Board to make Regulations for the purpose of carrying into effect the provisions of the Act. Section 16-G provides for the conditions of service of Heads of institutions, teachers and other employees. Sub-section (1) of Section 16-G specifically provides that every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the management and such employee in so far as it is inconsistent with the provisions of this Act or with the Regulations shall be void. In pursuance of Section 16-G, Regulations were framed by the Board. Regulations of Chapter III deal with conditions of service. Regulation 21 lays down the age of superannuation. Regulation 21 is quoted below :
(3.) IN the above Regulation, it was specifically provided that if the age of superannuation fell during an academic session then every person employed in a recognised institution shall continue to serve the institution till the end of the session. Every person employed in a recognised institution was, therefore, governed by the Regulation. The dispute, which has given rise to all these petitions is the letter of the Director of Education dated 24th December 1986, in which it was stated that the new academic session would commence from 1st May, 1987. The letter of the Director of Education is quoted below :;