- (1.) HEARD learned counsel for the parties.
(2.) PETITIONER was clerk in Seth Harcharan Das Girls Inter College, Hathras, district Aligarh. He was to attain the age of 58 years r on 31-10-1992. Through G.O. dated 6-10- g 1990 option was given to the employees of 5 the aided schools either to opt for retirement 3 at the age of 58 years or at the age of 60 years. Petitioner gave option of retirement at the age g of 58 years on 15-12-1990. Accordingly, petitioner was made to retire on 31-10-1992. Copy of the option is Annexure 1 to the writ petition. In para 5 of the writ petition, it is mentioned that immediately after retirement petitioner approached the respondents with the request that since age of superannuation was 60 years hence he should be allowed to work till 31-10-1994. It is stated in the same para that on 21-6-1993 college authorities is­sued no dues certificate to the petitioner. There is no allegation that any request for with­drawal of the option was made before 31-10-1992. Neither copies of alleged written re­quests made after the said date (as alleged in para 5 of the writ petition) have been annexed nor their dates have been given. Petitioner has also annexed copy of G.O. dated 18-11-1991 as Annexure 3 to the writ petition and has stated that he was not aware of the said G.O.
(3.) ANNEXURE 5 to the writ petition is a let­ter dated 6-9-1993 written by the Principal of the college to the petitioner. In the said let­ter it is mentioned that in reply to the earlier letter dated 28-8-1993 written by the Princi­pal regarding submission of forms and docu­ments for payment of pension, petitioner had mentioned that in the absence of gratuity re­tirement was not accepted. That appears to be first written communication by the Peti­tioner to the principal. It was made after about 10 months of actual retirement.;