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2016 Supreme(All) 3976

RAJAN ROY
Kedar Nath Singh – Appellant
Versus
State of U. P. thru Prin. Secy. Secondary Edu. Govt. of up – Respondent


Advocates Appeared:
For the Petitioner:- Salil Kumar Srivastava, Pt. S. Chandra Advocate.
For the Respondent:- C.S.C, C.S.C. and Salil Kumar Srivastava

JUDGMENT

Mr. Rajan Roy, J. –

Heard learned counsel for the parties and perused the record.

2. Sri. Kedar Nath Singh-petitioner of Writ Petition No. 9483 (SS) of 2016 claims entitlement to continue in service on extension/expansion under Regulation 35 of the U.P. Board of Secondary Sanskrit Education (Appointment and Conditions of service of Head of Institution, teachers and other employees of Institution) Regulations, 2009 (hereinafter referred to as 'the Regulations, 2009').

3. As both the aforesaid writ petitions involve similar facts and issues, therefore, they have been clubbed and heard together and are being decided by a common judgment.

4. The relevant facts of the case in brief are as under: -

Sri. Kedar Nath Singh was employed as an Assistant Lecturer in the respondent No. 7 college which is a Sanskrit Institution for teaching Intermediate section and the pay scale was payable in the L.T. Grade. The date of birth of Sri. Kedar Nath Singh is 03.01.1951. As per Regulation 35 of the Regulations, 2009 a teacher is to retire from service on attaining the age of superannuation which is prescribed as 62 years. Sri. Singh attained the age of superannuation on 02.01.2013. Prior to attai























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