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2019 Supreme(All) 1091

ASHWANI KUMAR MISHRA
Murli Shyam Pathak – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rajendra Prasad Dubey, Anubhav Dwivedi
For the Respondent: C.S.C., Raj Kumar Tripathi

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. This writ petition is directed against a Government Order dated 24.8.2017, which provides that a teacher, who is granted extension in service upto the age of 65 years pursuant to Government Order dated 30.12.2014 would retire on the last day of the calender month in which he attains the age of 65 years. Petitioner asserts that such a teacher is entitled to continue till the conclusion of academic session, and curtailment of his term at the end of the calender month is contrary to the specific provisions in applicable laws and is otherwise opposed to the cause of education. A prayer is therefore made to command the respondents to permit the petitioner to function as Principal of Gandhi Smarak Inter College Sahabganj, Chandauli, till the end of academic session 2018-19 i.e. 31st of March, 2019, with all consequential benefits.

2. At the outset, it would be worth noticing the two Government Orders with which this Court is concerned in this petition. The Government Order dated 24.8.2017 and the Government Order dated 30.12.2014 are thus reproduced hereinafter:-

    **f'k{kk ¼8½ vuqHkkx % y[kuÅ% fnukad 24 vxLr] 2017

fo"k; %& izns'k ds jk"Vªh;@jkT; v/;kid iq

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