Honble Sudhir Agarwal, J.—This intra Court appeal under the Rules of the Court has been filed against the judgment dated 9-5-2003 passed on review application of the petitioner-appellant (hereinafter referred to as the ‘appellant’) partly reviewing the judgment dated 6-3-2003. The appellant is aggrieved by the order only to the extent it has denied him arrears of salary from 1-7-1995 to 30-6-1997.

2. That facts in brief are that the appellant was working as Assistant Teacher L.T. Grade in Saraswati Inter College, Sipri Bazar, Jhansi (hereinafter referred to as the ‘Institution’). He had exercised his option for retirement at the age of 58 years but did not receive any communication from the Deputy Director of Education accepting the same. The State Government vide G.O. dated 4-11-1991 gave another opportunity to the teachers to opt for retirement at the age of 58 or 60 years pursuant whereto the appellant exercised his option on 1-2-1992 for retiring at the age of 60 years. No order was passed on the said option also by the Deputy Director of Education. On 1-12-1994 the DIOS passed an order declining to accept second option observing that the option already exercised has bec