D.S. Sinha, J. - (1.) The petitioner, an erstwhile senior lecturer of the Government aided Institute of Engineering and Rural Technology at Allahabad, born on 4th December, 1937, was to retire on 31st December, 1997. on attaining the age of superannuation. He claims that he is entitled to continue in service till 30th June, 1998 in terms of the Government Order dated 27th June, 1988, a copy whereof is Annexure-'1' to the petition.
(2.) The. respondents assert that the petitioner is not entitled to the extension of service beyond the age of 60 years. To buttress this assertion, reliance is placed on the Government Order dated 15th March, 1996. This Government Order is on record as Annexure-'2' to the petition and Annexure-C.A.-III to the counter-affidavit filed on behalf of the respondent No. 2.
(3.) It is not disputed that the prescribed age of superannuation of teachers serving in Government aided Technical Institute is 58 years. However, the Government Order dated 15th March, 1996 (Annexure-'2' to the petition and Annexure-C.A.-III to the counter-affidavit) permits teachers to opt to retire at the age of 60 years. On such option being exercised, their pension and family pension shall be computed on the basis of pay received by them at the time of attaining the age of 60 years. But, they would not be entitled to gratuity. According to said Government Order, the teachers who opt to retire at the age of 60 years are required to give an undertaking in writing not to claim extension of service after attaining the age of 60 years. The Government Order also stipulates that option once exercised shall be irrevocable.;