Sudhir Narain, J. - (1.) The petitioner, on receiving notice dated 20.8.1996 that she will retire on 14.2.1997 on attaining the age of 58 years filed this writ petition claiming that she is entitled to retire at the age of 60 years.
(2.) The core question is as to whether the petitioner is liable to be retired at the age of 58 years in view of Regulation 37 of U. P. Rajya Vidyut Parishad Shikshak Sewa Viniyamavali, 1995 (hereinafter referred to as Viniyamavali) which provides the age of retirement as 58 years or at the age of 60 years as provided under Regulation 21 of Chapter III of the Regulations framed under U. P. Intermediate Education Act, 1921. There is no controversy on facts.
(3.) The U. P. State Electricity Board, a body constituted under the Electricity (Supply) Act, 1948 (hereinafter referred to as the Act) started a school. Initially It was a Junior High School and later on it was raised to Intermediate College and known as Vidyut Parishad Kanya Inter College. Kasimpur, Aligarh (hereinafter referred to as the Institution). It was recognised as an educational institution under the provisions of U. P. Intermediate Education Act on 22.7.1975. The petitioner was appointed as C. T. grade teacher in the Institution on 19.7.1972. She was promoted in L.T. grade on 1.9.1986. In the year 1995 the Board framed Regulations for the employees in educational cadre under Section 79 (c) of Electricity (Supply) Act. 1948 known as U. P. Rajya Vidyut Parishad Shikshak Sewa Viniyamavali. Regulation 37 provided that the members of the educational service shall retire at the age of 58 years. The petitioner was given notice to retire at the age of 58 years on 20.8.1996 in pursuance of this regulation.;