RAMESH CHANDRA KULSHRESTHA Vs. ADDL DIRECTOR OF EDUCATION MADHYAMIK U P ALLAHABAD
LAWS(ALL)-1999-8-170
HIGH COURT OF ALLAHABAD
Decided on August 04,1999

RAMESH CHANDRA KULSHRESTHA Appellant
VERSUS
ADDL. DIRECTOR OF EDUCATION, (MADHYAMIK), U.P., ALLAHABAD Respondents

JUDGEMENT

Yatindra Singh, J. - (1.) The question involved in this writ petition is, if the Additional Director of Education. In the circumstances of the case, has power to review the order passed by the Joint Director of Education or not? Here are the facts. FACTS
(2.) The petitioner was born on 1.7.1940. He is a teacher in the Girdhari Inter College. Sirsaganj. Firozabad [the College for short). He has completed 58 years of age on 30.6.1998 and should have retired on that date, if he had given option to retire at the age of 58 years. According to the petitioner, he had given option to retire at the age of 60 years and he continued in service. On 17.9.1998, the Manager of the college issued a letter stating that there are cuttings in the option given by the petitioner and in fact the option given by the petitioner is to retire at 58 years of age and not 60 years. He should have retired on 30.6.1998. In view of this, he did not permit the petitioner to teach in the college.
(3.) The petitioner filed, a representation before, the Joint Director of Education, Agra, on 21.9.1998 stating that he had given the option to retire at the age of 60 years but he is illegally not permitted to teach in the college. The Joint Director of Education, Agra. Issued a notice to the management and the District Inspector of Schools (DIGS) on the representation filed by the petitioner. Sri Darshan Lal Sharma, Principal of the college appeared on behalf of the management. No one appeared on behalf of the D1OS before him. There was cutting in the option form. The Joint Director of Education, Agra, considered, the explanation of the petitioner that initially he had filled up 58 years by mistake and then corrected it to 60 years. This was accepted by the Joint Director of Education. Agra. He by his order dated 12.12.1998 has held that the petitioner has given option to retire at the age of 60 years and is entitled to continue till 30.6.2000.;


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