HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7 Case :- WRIT - A No. - 41290 of 2015 AFR Petitioner :- Gaya Prasad Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Shri S.P. Mishra, learned Standing Counsel appearing for respondent Nos. 1, 2 and 3 and have perused the record.
The petitioner is working as Incharge Principal in the respondent-Institution (Rashtriya Sanskrit Madhyamik Vidyalaya Tarawan, Sonebhadra). His date of birth is 20.5.1953. He is claiming session benefit on the strength of change made in the academic session changing the same from 1st July to 30th June to 1st April to 31st March vide Government order dated 12.6.2015, which was issued in respect of the Government Colleges and the aided institutions covered by the provisions of the Uttar Pradesh Intermediate Education Act, 1921. Regulation 21 of Chapter III of the Regulations framed under the Act of 1921, was amended by the Government. The claim of the petitioner is on the strength of the amendment made in Regulation 21 of Chapter-III of Regulations, which is quoted as under:-
Un-amended Regulation 21 Amended Regulation 21 vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/kos'k o; ok;k 2 tqykbZ vkSj 30 twu ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok forj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls nks ekg iwoZ ns nsa] 30 twu rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds mijkUr tqykbZ esa izrhLFkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA vkpk;Z] iz/kkuk/;kid] v/;kid rFkk vU; deZpkfj;ksa dk vf/ko"kZ o; ok;k 2 vizSy vkSj 31 ekpZ] ds e/; esa fdlh frfFk dks iM+rk gS rks mls] ml n'kk dks NksM+dj tcfd og Lo;a lsok foLrj.k u ysus gsrq fyf[kr lwpuk vius vf/ko"kZ o; dh frfFk ls 2 ekg iwoZ ns nsa] 31 ekpZ rd lsok foLrj.k Lo;aeso iznku fd;k x;k le>k tk;sxk rkfd xzh"ekodk'k ds iwoZ vizSy ekg esa izfrLFkkkuh dh O;oLFkk gks ldsA blds vfrfjDRk lsok foLrj.k dsoy mUgha fof'k"V n'kkvksa esa iznku fd;k tk ldsxk] tks jkT; ljdkj }kjk fu/kkZfjr dh tk;sA The claim of the petitioner is totally unfounded as Rashtriya Sanskrit Madhyamik Vidylaya Tarawan, Sonebhadra is governed by the Board, which has been constituted by the U.P. Board of Secondary Sanskrit Education Act, 2000 and the Rules framed thereunder. The said Rules are known as Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and other employees of the Institution) Rules, 2009.
The relevant Rule 35 of the aforesaid Rules, 2009 is quoted as under:
"35. The age of superannuation of Head of Institution and teachers shall be 62 years and the age of superannuation of the other employees shall be 60 years. If the date of retirement of a head of the institution or teacher falls between 2nd July and 30th June, he shall be given automatic expansion or service till 30th June of the year unless he gives in writing the denial of the same."
Indisputably, the academic session has not been changed in respect of Sanskrit Vidyalaya governed by the aforesaid Act, 2000 and the Rules of 2009 as noted above from 2nd July to 30th June to 1st April to 31st March. Therefore, the benefit of expansion of academic session till 31st March, 2016 cannot be granted in the present case as the academic session was changed only in respect to the institutions, which are governed by the provisions of U.P. Intermediate Education Act, 1921.
The present petition lacks merit and is dismissed accordingly. There shall be no order as to costs.
A copy of this order be supplied to the learned Standing Counsel appearing for the respondents free of cost.
Order Date :- 7.8.2015 LN Tripathi