Hon’ble Amitava Lala, ACJ.—By means of Special Appeal No. 1987 of 2009 (Surendra Prasad Agnihotri v. State of U.P. and others) and Special Appeal No. 1991 of 2009 (Abu Mohd. Khan v. State of U.P. and others), the matter has been referred to a larger Bench to decide the following question :

“Whether a teacher of Intermediate College who has already been appointed as officiating principal of the Institution by virtue of his seniority on attaining the age of superannuation in the extended period of his service shall continue as officiating principal or simply as a teacher?”

2. The Bench has been accordingly formed and carefully heard all the parties to come to an appropriate conclusion.

3. Admittedly, Regulation 21 of Chapter III framed under the U.P. Intermediate Education Act, 1921, is relevant for due consideration herein. The same is quoted herein below :

“21. Superannuation age of Principal, Headmaster, Teacher and other employees would be 60 years. If above said superannuation age of any Principal, Headmaster and Teacher falls on any date in between 2nd July and 30th June, except in the condition when he himself, before two months of the date of superannuation, furnishes