R.M. Sahai, S. K. Mookerjee, JJ. - (1.) This petition is directed against order dated 12th May, 1987 by which petitioner has been informed that he shall retire on 30th June, 1987 after shall attain the age of 60 years. The date of birth of petitioner is 1st July, 1927. He, therefore, attains the age of 60 years on 30th June, 1987. Since it would not have been a date in mind of the session, the petitioner would not have been entitled to benefit of Regulation 21 of Chapter ill framed under the U.P. Intermediate Education Act. But it is not disputed by learned standing counsel that academic session 1987-88 has started from 1st. May, 1987. Therefore, the date of retirement falls in mid of the session. And the petitioner is entitled to benefit of Regulation.
(2.) When the petition was presented yesterday some doubt arose, therefore, the Standing Counsel was directed to obtain necessary instructions from the office of Board of High School or Director-of education. In pursuance of this order learned standing counsel produced a copy of the letter which shows that Regulation 21 has not been amended and no Government order has been issued in this regard as yet. Therefore, by virtue of application of Regulation 21 the petitioner is entitled to continue in services till April 30, 1988. We do not consider it necessary to direct the Committee of Management-to file any counter-affidavit and dispose of the petition finally under Chapter XXII Rule 2 after hearing learned Standing Counsel.
(3.) In the recusal the petition succeeds and is allowed. A direction is issued to opposite parties to treat the petitioner in service till 30th April, 1988 and continue paying salary for the same. We, however, clarify that if during this year Regulation 21 is amended then our order shall stand amended in the light of amended Regulation.;