( 1 ) THIS Special Appeal has been filed against the judgment and order dated 19-5-1993 by a learned Single Judge in a writ petition filed by Smt. Kushal Varshney. The appellant Smt. Kamla sharma was not a party to the writ petition, but she has filed the appeal with the leave of the court which was granted on 21-7-1993.

( 2 ) THE writ Petitioner Smt. Kushal Varshney was appointed as Assistant Teacher in Chiranji Lal girls Inter College, Aligarh (hereinafter referred to as the College) in 1961 and was promoted as principal in July, 1972. Under Regulation 21 to Chapter III of Regulations framed under U. P. Intermediate Education Act (hereinafter referred to as the Act) the age of retirement of a principal is 60 years. According to the case of the writ petitioner, a Government Order was issued in 1978 giving option to the teachers to take retirement at the age of 58 years Thereafter, another Government Order was issued on 6-10-1990 by which teachers were given right to exercise their option within 90 days. The writ petitioner, accordingly, filled in the prescribed form for exercising option on 24-10-1990 and forwarded the same to the office of the District inspector