Saturday, December 19, 2015

UPTET SARKARI NAUKRI News - Retirement Age and Acadmic Session Matter in Allahabad HC -

UPTET SARKARI NAUKRI   News - Retirement Age and Acadmic Session Matter in Allahabad HC 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 7 

Case :- WRIT - A No. - 66555 of 2015 

Petitioner :- Smt. Usha Singh 
Respondent :- State Of U.P. And 4 Others 
Counsel for Petitioner :- Syed Fahim Ahmed,Ramji Singh Patel 
Counsel for Respondent :- C.S.C.,Nisheeth Yadav 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner is an Assistant Teacher in a Primary School, namely Purva Madhyamik Vidyalaya, Devnathpur, Harawa. Her date of birth according to her is 11.7.1953. The petitioner claims that she is entitled to continue in service till the end of academic session i.e. 31.3.2016. 
Learned Standing Counsel appears for respondent nos. 1 & 2, and Sri Nisheet Yadav,� learned Advocate has accepted notice on behalf of respondent nos. 3,4 and 5. 
Learned Standing Counsel has produced a Government Order dated 08th October, 2015 which has been issued in the compliance of the law laid down by this Court in the judgement dated 20th August, 2015 in Special Appeal Defective No. 360 of 2015 "State of U.P. & others v. Ramesh Chandra Tiwari and others". The Government Order is taken on record. 
The Government Order provides that a teacher whose date of birth falls between 1st April to 31st March (next year) shall be entitled to continue till the end of academic session i.e. 31st March, 2016. 
The Division Bench in Special Appeal Defective No. 360 of 2015 has held as under: 
"...However, a teacher who attains the age of superannuation during academic session 2015-16, as modified, and who has not taken the benefit of the proviso to Rule 29, would be entitled to continue in service until the end of the academic session which would be 31 March 2016. The Government Orders which have been issued from time to time, more particularly on 9 December 2014 and 29 June 2015 have to be necessarily brought in line with the mandatory requirements of the proviso to Rule 29. As we have observed earlier, the power to alter the academic year undoubtedly vests with the Government but having once altered the academic year, the consequence which is envisaged under the proviso to Rule 29 must ensue. The State Government cannot by a government order override the proviso to Rule 29. That is part of subordinate legislation which cannot be simply disregarded by an administrative order. 
On the facts of the present special appeal, the dates of superannuation of the four respondent teachers would respectively be 1 June 2015, 27 May 2015, 4 June 2015 and 30 June 2015. All these teachers worked in academic session 2015-16 commencing from 1 April 2015 in the normal course, without taking the benefits of the proviso to Rule 29. Since the dates of their retirement fell in the midst of the academic session, they would plainly be entitled to continue in service until the end of the academic session, as envisaged in the proviso to Rule 29. The Secretary, Basic Education, Government of U P, who decided upon the issue on 15 June 2015 has taken a view clearly contrary to the mandate of the proviso to Rule 29. ... " 
In view of the aforementioned decision and the Government Order dated 08th October, 2015, the writ petition is disposed of with a direction to the District Basic Education Officer, Varanasi to allow the petitioner to continue till the end of academic session subject to verification of� her date of birth. 
No order as to costs. 
Order Date :- 10.12.2015 
ssm 



 UPTET  / टीईटी TET - Teacher EligibilityTest Updates /   Teacher Recruitment  / शिक्षक भर्ती /  SARKARI NAUKRI NEWS  
UP-TET 201172825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
 Shiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825  Primary Teacher Recruitment Uptet Latest News | 72825  Teacher Recruitment Uptet Breaking News | 72825  Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825  Teacher Recruitment  Uptet News Hindi | 72825  Teacher Recruitment  Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,

CTETTEACHER ELIGIBILITY TEST (TET)NCTERTEUPTETHTETJTET / Jharkhand TETOTET / Odisha TET  ,
Rajasthan TET /  RTET,  BETET / Bihar TET,   PSTET / Punjab State Teacher Eligibility TestWest Bengal TET / WBTETMPTET / Madhya Pradesh TETASSAM TET / ATET
UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET APTET / Andhra Pradesh TET , CGTET / Chattisgarh TETHPTET / Himachal Pradesh TET
 

No comments:

Post a Comment

To All,
Please do not use abusive languages in Anger.
Write your comment Wisely, So that other Visitors/Readers can take it Seriously.
Thanks.