Allahabad High Court
Khem Karan Lal vs State Of U.P. & Others on 16 October, 2012
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 58
Case :- WRIT - C No. - 31830 of 2006
Petitioner :- Khem Karan Lal
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Pradip Kumar
Respondent Counsel :- C.S.C.,Surya Narain
Hon'ble Sibghat Ullah Khan,J.
Heard Sri Pradip Kumar, learned counsel for the petitioner, learned standing counsel for the respondents no.1 and 2 and Sri Surya Narayan, learned counsel appearing for respondent no.3, Committee of Management of Arya Vidyalaya Inter College Milak, Rampur who has supported the case of the petitioner.
Twice the matter was remanded. Those orders dated 27.10.2005 and 22.3.2006 are Annexures 2 and 3 to the writ petition. Again similar order was passed on 8.5.2006 by D.I.O.S. Rampur, Annexure 1 to the writ petition which has been challenged through this writ petition. Petitioner was teacher in the collage run by respondent no.3 . Petitioner's date of birth is 7.7.1944. He attained the age of 58 years on 6.7.2002 i.e. in the academic session 1.7.2002 to 30.6.2003. By virtue of G.O. date 17.2.1999 option for two years extension in service (till 60 years) could be exercised by a teacher on or before 1st July of the session in which teacher was retiring. In the case of the petitioner that comes to 1.7.2002. Petitioner exercised the option on 24.6.2002. Accordingly, the impugned order refusing to grant benefit of exercise of option on the ground that it was given late is erroneous in law, liable to be quashed and is hereby quashed.
However, the fact is that first order of rejecting the option was passed on 2/4.1.2003 by the D.I.O.S. Petitioner should have immediately filed writ petition. He did not do so. According to the learned counsel for the petitioner petitioner continued filing representation after representation. In case petitioner had immediately come to this Court before 30.6.2003 when he actually retired on attaining the age of 58 years, stay order may have been granted to him and he might have worked till 30.6.2005. The first writ petition i.e. writ petition no.68420 of 2005 was filed after 30.6.2003.
In such a situation petitioner is entitled to all the benefits except actual salary for the period from 1.7.2003 till 30.6.2005. Accordingly, writ petition is allowed. Impugned order is set aside. It is directed that petitioner shall be treated to have rightly and within time exercised the option of retirement at the age of 60 years and he should be deemed to have retired on 30.6.2005, but he should not be paid any salary for the period from 1.7.2003 till 30.6.2005. However, for calculating the pension and other retiral dues/benefits the said period shall be treated to be in service.
Let calculation/computation be done within four months from date of production of certified copy of this order. Arrears shall be paid within four months therefrom. Writ petition is disposed of accordingly.
Office is directed to supply a copy of this order free of cost to Sri A.S. Rana, learned standing counsel for sending the same to D.I.O.S. Rampur within a week.
Order Date :- 16.10.2012
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