Smt. Neelmani Srivastava vs State Of U.P. Through Prin. Secy. ...
2013 Latest Caselaw 3281 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- SERVICE SINGLE No. - 3483 of 2013
 

 
Petitioner :- Smt. Neelmani Srivastava
 
Respondent :- State Of U.P. Through Prin. Secy. Local Bodies Lko. & Ors.
 
Counsel for Petitioner :- Anadi Krishna Sahai
 
Counsel for Respondent :- C.S.C.,Illigible
 

 
Hon'ble Rakesh Srivastava,J.

Heard learned counsel for the petitioner, learned Standing Counsel and Shri Satish Chandra Kashish, learned counsel appearing for opposite party nos. 2 to 4.

By means of this petition the petitioner has challenged the notice dated 30.05.2013 in which it has been stated that the petitioner would superannuate on attaining the age of 60 years in June, 2013. The petitioner has been directed to handover charge of the post on which she was working.

Learned counsel for the petitioner states that vide Government Order dated 4.2.2004 the age of superannuation of the teachers has been increased from 60 years to 62 years. On the basis of the said Government Order the petitioner claims that she should be allowed to continue till she attains the age of 62 years.

Learned counsel for the opposite parties submits that initially the petitioner was appointed as clerk in the school and as such she is not entitled to the benefit of the said Government Order as the said Government Order relates to teachers only.

The petitioner, no doubt, was appointed in the year 1981 on the post of clerk on compassionate ground on account of death of her father, but subsequently she was appointed as Assistant Teacher on 01.08.1981.Thereafter the petitioner was promoted on the post of Head Mistress vide order dated 03.05.2000 and subsequently she was confirmed on the said post vide order dated 20.12.2004 and since then she has been discharging the duties of the said post.

In the aforesaid circumstances, the petitioner is entitled to the benefit of the Government Order dated 04.02.2004.

Learned counsel for the opposite parties may file counter affidavit within 4 weeks. Rejoinder affidavit, if any, may be filed within next two weeks.

List after expiry of said period.

Till the next date of listing, operation of the impugned notice dated 30.05.2013 shall remain stayed and the petitioner shall be allowed to work.

Order Date :- 14.6.2013

Chauhan/-