ORDER

1. LEAVE GRANTED.

2. HEARD BOTH SIDES.

3. THE APPELLANT HEREIN WAS A SENIOR LECTURER (DPE) IN GGDSD COLLEGE, BAIJNATH IN DISTRICT KANGRA (HIMACHAL PRADESH). AS PER THE DATE OF BIRTH OF THE APPELLANT, HE SHOULD HAVE RETIRED FROM SERVICE ON 31-7-2003. ACCORDING TO THE APPELLANT HE SHOULD HAVE BEEN ALLOWED TO CONTINUE IN SERVICE TILL THE END OF THE ACADEMIC SESSION OF 2003-2004 IN VIEW OF THE UNIVERSITY ORDINANCE, RULE 12 OF APPENDIX A OF PART I WHICH READS TO THE FOLLOWING EFFECT:

"EVERY TEACHER SHALL RETIRE AT THE AGE OF SIXTY YEARS. HOWEVER, A TEACHER SHALL BE ALLOWED TO CONTINUE IN SERVICE TILL THE END OF SEMESTER OR ACADEMIC SESSION EVEN THOUGH HE MAY HAVE ATTAINED THE AGE OF SIXTY YEARS."

IN THE COUNTER-AFFIDAVIT FILED BY RESPONDENTS 4 AND 5 IT IS SUBMITTED THAT THE ACADEMIC SESSION FOR THE YEAR 2003-2004 STARTED ON 14-7-2003 AND THE DATE OF RETIREMENT OF THE APPELLANT WAS ON 31-7-2003. RESPONDENTS 4 AND 5 SHOULD HAVE ALLOWED THE APPELLANT TO CONTINUE TILL THE ACADEMIC SESSION OF 2003-2004 IN VIEW OF RULE 12. THE DIVISION BENCH INTERPRETED THE RULE AS IF THE SAID TEACHER WOULD BE ALLOWED TO CONTINUE IF THE RETIREMENT WAS IN THE MIDDLE OF THE ACADEMIC SESSION AS THE INTENTI