R. R. K. TRIVEDI, G. P. MATHUR, N. K. MITRA
PRABHA KAKKAR – Appellant
Versus
JOINT DIRECTOR OF EDUCATION – Respondent
Key Points: - The judgment reconciles conflicting Division Bench rulings on whether teachers could withdraw or modify options for retirement age under various Government Orders and whether acceptance/communication of options was necessary to finalize them. (!) (!) (!) - It holds that countersigning by the District Inspector of Schools is not acceptance of the option; acceptance by the Deputy Director of Education and its communication to the employee is necessary to finalise the option. (!) (!) (!) - It resolves that where acceptance was not communicated or timely action was not taken, teachers could withdraw/alter their options, and in several cited cases beneficiaries were allowed to continue in service up to the later retirement date (e.g., 30 June 2000). (!) (!) (!) - It overrules the Prakash Chandra Sharma view and upholds Kamla Sharma’s approach that ambiguity in earlier orders required offering a fresh 90-day option and that finality requires explicit acceptance and communication. (!) (!) (!) - It references and applies the Devi Krishna Goyal principle that withdrawal of an option before acceptance is permissible. (!) (!) - It ultimately allows the petitioners to continue in service till 30 June 2000 in three connected writ petitions, with dismissals of a fourth. (!) (!)
( 1 ) IN Civil Misc. Writ Petition No. 21561 of 1998, a learned Single Judge noticed contrary views expressed by two Division Benches. Consequently, he referred the matter to Honble the Chief justice by order dated 9th July, 1998 for constituting a Larger Bench to resolve the conflict. Honble the Chief Justice by order dated 23rd July, 1998 constituted this Full Bench to resolve the controversy and thus this bunch of Writ Petitions has come before us.
( 2 ) BEFORE coming to the controversy, which is subject-matter of consideration before this Full bench, it is necessary to look into the backgrounds in which the dispute has arisen.
( 3 ) PETITIONERS are teachers serving in Government aided private educational institutions. There was disparity in service conditions of the teachers serving in Government run institutions and those serving in Government aided private educational institutions. Government of India appointed Secondary Education Service Commission, which made certain recommendations for removing disparity. On basis of these recommendations. State of Uttar Pradesh initially introduced a scheme known as "triple Benefit Scheme and framed Rules known as ut
REFERRED TO : Smt. Kamla Sharma v. Deputy Director of Education and Ors.
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