Allahabad High Court
Smt. Abha Dwivedi vs State Of U.P. And 3 Others on 27 August, 2015
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Reserved
Case :- WRIT - A No. - 40235 of 2015
Petitioner :- Smt. Abha Dwivedi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- B.N. Tiwari,Venu Gopal
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri Venu Gopal, learned counsel for the petitioner and learned Standing Counsel.
The petitioner seeks mandamus to continue till 30th March, 2016 on the basis of the Government order dated 15.10.2014 which provides for the change of Academic Session to 1st April to 31st March instead and in place of 1st July to 30th June.
By means of the subsequent Government order dated 15th June, 2015, it has been clarified that the change of academic session to 1st April to 31st March would not have any effect on providing session benefit to those teachers who had retired and were continuing till 30th June 2015 on Session benefit. The teachers who had continued beyond their age of superannuation would not be allowed to continue till the end of Academic Session 2015-16 i.e. till 31st March, 2016 in view of the change of Academic Session vide Government order dated 9th September, 2014.
The submissions is that the benefit has not been provided to those teachers who had attained the age of superannuation till 31st March, 2015 and the teachers who had retired between 1st April, 2015 till 30th June, 2015 have been allowed to continue till 31st March, 2016 in view of the change in the Academic Session 2015-16, otherwise they would have retired on 30th June, 2015. This classification between the same class of teachers has no reasonable nexus with the object not to disrupt the teaching of the students in the midst of the Academic Session due to retirement of the teachers.
Further submissions is that the teachers who were continuing on Session benefit till 30th June, 2015 were actually in service and their date of retirement is treated as 30th June, 2015 for all pensionary benefits. They are even entitled to continue to hold the position of responsibility such as the post of officiating Principal by virtue of being Senior most teacher in the institution concerned. On the date of coming into operation of the provision for change of session i.e. the date of commencement of Academic Session 2015-16 on 2nd April 2015, these teachers were in service and as such they are entitled to continue till 31st March 2016.
The challenge to the Government order dated 15.06.2015 on the above grounds by the petitioner is not sustainable for two simple reasons:-
The first reason is that by means of the Government order dated 9th September, 2014, which is applicable for the Primary/Upper Primary institution run by Basic Siksha Parishad, the period of Academic Session from the Session 2015-16 onwards has been changed and now it commences on 1st April and would not end on 31st March.
So far as the Academic Session 2015-16 is concerned, admittedly, the same had commenced from 1st April, 2015 and would end on 31st March, 2016. The provision to continue till the end of the Academic Session is with the object to continue the teaching work uninterrupted for the benefit of the students.
The teachers who had attained the age of superannuation on or before 1st April, 2015 during the Academic Session 2014-15 have been allowed to continue till the end of that academic session which had ended on 30th June, 2015.
By means of the Government order dated 9th September, 2014, there was no change in the Academic Session 2014-15 which was ensuing till 30th June, 2015. The teachers who had retired during the Academic Session 2014-15 cannot be allowed to continue till the end of next Academic Session 2015-16 which is 31st March 2016. The extension in service is only till the end of Academic Session in which the teacher had attained the age of superannuation.
The second reason is that the continuance of the teachers till 30th June, 2015 is an extension in service till the date of effective retirement. The original date of retirement is not extended.
Once they had duly availed the benefit of extension, no further benefit can be provided to them. A Division Bench of this Court in Bhajan Lal Diwakar Vs. Bani Singh Thakurela and 4 others reported in Special Appeal Defective No. 492 of 2015 considering the effect of amendment in Regulation 21 as contained in Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921 has held that the benefit of change of academic session cannot be provided to those teachers who were continuing on session benefit on the date of commencement of the Academic session 2015-16.
In view of the above discussion, the petitioner cannot be allowed to continue till 31st March, 2016 for the reason that she had attained the age of superannuation during the Academic Session 2014-15 and had continued till 30th June, 2015 i.e. end of that academic session 2014-15.
There is no merits in the writ petition. The writ petition is dismissed. .
Order Date :- 27.8.2015
B.K.
(Sunita Agarwal, J.)
