AMBIKA LAL AND ANOTHER Vs. STATE OF U. P THROUGH COLLECTOR AND OTHERS
LAWS(ALL)-1987-5-77
HIGH COURT OF ALLAHABAD
Decided on May 22,1987

Ambika Lal And Another Appellant
VERSUS
State Of U. P Through Collector And Others Respondents

JUDGEMENT

- (1.) These two petitions are directed against order dated 6th March, 1987, passed by opposite party intimating that petitioners stand retired on attaining age of superannuation at 60 years. Date of retirement according to date of birth of petitioners is after 1st May, 1987. Regulation 29 framed under U.P. Basic Education (Teacher) Service Rules provides that if a teacher retires during academic session he shall continue to work till end of academic session, i. e. 30th June. Such period of service will be deemed as extended period of employment. Regulation obviously refers academic session as defined in the Act starting from 1st July to 30th June. It is not disputed that 1987 - 88 academic session is starting from 1st May, 1987. The words, therefore, in the Regulation 1st July and 30th June have to be read 1st May 1987 and 30th April, 1988. Since petitioners date of retirement falls after 1st May 1987 they are entitled to continue for one year till 30th April, 1988.
(2.) In the result these petitions succeed and are allowed. A direction is issued to opposite parties to treat petitioners as continuing in service till 30th April, 1988. The petitions are disposed of under Chapter XXII Rule 2 of Rules of Court. W. P. allowed.;


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