?Court No. - 7
Case :- WRIT - A No. - 66555 of 2015
Petitioner :- Smt. Usha Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Syed Fahim Ahmed,Ramji Singh Patel
Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner is an Assistant Teacher in a Primary School, namely Purva Madhyamik Vidyalaya, Devnathpur, Harawa. Her date of birth according to her is 11.7.1953. The petitioner claims that she is entitled to continue in service till the end of academic session i.e. 31.3.2016.
Learned Standing Counsel appears for respondent nos. 1 & 2, and Sri Nisheet Yadav,� learned Advocate has accepted notice on behalf of respondent nos. 3,4 and 5.
Learned Standing Counsel has produced a Government Order dated 08th October, 2015 which has been issued in the compliance of the law laid down by this Court in the judgement dated 20th August, 2015 in Special Appeal Defective No. 360 of 2015 "State of U.P. & others v. Ramesh Chandra Tiwari and others". The Government Order is taken on record.
The Government Order provides that a teacher whose date of birth falls between 1st April to 31st March (next year) shall be entitled to continue till the end of academic session i.e. 31st March, 2016.
The Division Bench in Special Appeal Defective No. 360 of 2015 has held as under:
"...However, a teacher who attains the age of superannuation during academic session 2015-16, as modified, and who has not taken the benefit of the proviso to Rule 29, would be entitled to continue in service until the end of the academic session which would be 31 March 2016. The Government Orders which have been issued from time to time, more particularly on 9 December 2014 and 29 June 2015 have to be necessarily brought in line with the mandatory requirements of the proviso to Rule 29. As we have observed earlier, the power to alter the academic year undoubtedly vests with the Government but having once altered the academic year, the consequence which is envisaged under the proviso to Rule 29 must ensue. The State Government cannot by a government order override the proviso to Rule 29. That is part of subordinate legislation which cannot be simply disregarded by an administrative order.
On the facts of the present special appeal, the dates of superannuation of the four respondent teachers would respectively be 1 June 2015, 27 May 2015, 4 June 2015 and 30 June 2015. All these teachers worked in academic session 2015-16 commencing from 1 April 2015 in the normal course, without taking the benefits of the proviso to Rule 29. Since the dates of their retirement fell in the midst of the academic session, they would plainly be entitled to continue in service until the end of the academic session, as envisaged in the proviso to Rule 29. The Secretary, Basic Education, Government of U P, who decided upon the issue on 15 June 2015 has taken a view clearly contrary to the mandate of the proviso to Rule 29. ... "
In view of the aforementioned decision and the Government Order dated 08th October, 2015, the writ petition is disposed of with a direction to the District Basic Education Officer, Varanasi to allow the petitioner to continue till the end of academic session subject to verification of� her date of birth.
No order as to costs.
Order Date :- 10.12.2015
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