- (1.) A. Chakrabarti, J. The petitioner contended that he joined on 20-11-1962 as Assistant Master History after being selected by the U. P. Public Service Commis sion. He served as Lecturer in History and thereafter was promoted to the post of Headmaster in a higher secondary school in Mirzapur where he served till 9-12-1980. Petitioner was transferred as Assistant Secretary, U. P. Board of High School and Intermediate Education, Allahabad where he served till 17-8-1986. The petitioner was promoted to class I service by order dated 24-7-1986 and was posted as Deputy Secretary, Board of High School and Inter mediate Education, U. P. , Allahabad from 18-8-1986 to 13-8-1987 and thereafter was transferred as Assistant District Inspector of Schools, Allahabad where he served till 30-6-1989. On his own seeking the petitioner thereafter was posted as Prin cipal, Government Intermediate College, Mirzapur but only after a short period of 25 days he was again transferred to Allahabad as Professor in the Central Pedagogical In stitute, Allahabad and discharging his duties there ultimately retired on 31-8-1990. The petitioner sought for continua tion in service till the end of next academic session in view of the provisions made therefor as contained in Government Order dated 21-3-1984 (Annexure 1 to the writ petition ). But, as no order was being passed for the same relief, this writ petition was filed. The respondents No. 1, 2 and 3 filed counter-affidavit denying the claim of the petitioner. The petitioner also filed rejoinder-affidavit.
(2.) ON the said writ petition on 28-8-1990 in interim order was passed whereby the respondents were restrained from retir ing the petitioner before 30-6-1991 not withstanding his date of retirement being 30-8-1990 and it was made clear that the petitioner would not continue in service beyond 30-6-1991. Curing the pendency of the writ petition and application for amend ment of the writ petition was filed for incor porating additional relief clauses for pay ment of salary withheld with interest and for other reliefs. In the affidavit filed in support of such application it was disclosed that by virtue of the interim order obtained the petitioner continued in service till 30-6-1991 and that the pension has been kept withheld although finalised. It has also been stated that by a Government Order dated 9-5-1991 the amount of salary paid to the petitioner during the extended service by virtue of the interim order was proposed to be withheld from the gratuity and provident fund amount. Heard the learned counsel for the petitioner and the learned Standing Coun sel.
(3.) AFTER hearing the respective conten tions of the parties, we find that the petitioner makes a claim in respect of his right to continue in service till the end of the next academic session by application of the Government Order dated 21-3-1984 and for payment of retirement benefits in accord ance with law. The contention of the respondents is that the petitioner is not entitled to the said benefit as for certain periods the petitioner was holding a non-teaching post and that the petitioner was holding the post of Professor in Central Pedagogical Institute in respect of which the said Government Order does not apply.;