JUDGEMENT
V.K. Shukla, J. -
(1.)IN the present case, petitioner is questioning the validity of the decision dated 18.12.2008 wherein petitioner has been asked to superannuate on completion of 62 years of service on 30.6.2009. Brief background of the case is that petitioner has been performing and discharging his duty as Assistant Teacher at Primary Pathshala Bharwara, Panwari, District Mahoba. Date of birth of petitioner is 1.7.1947. Petitioner submits that he is fit for doing work upto end of academic session upto 30.6.2010 and as such it is totally erroneous exercise on the part of the authority by directing superannuation of the petitioner on 30.6.2009. Learned counsel for the petitioner contended that date of birth of petitioner is 1.7.1947 and as such he cannot be treated to have attained the age of superannuation on 30.6.2009, therefore, he is entitled for the benefit of academic session till 30.6.2010. Countering the said submission, learned Standing Counsel Sri INdresh Chandra on the other hand contended that petitioner has been sought to be superannuated strictly as per rule and claim of petitioner is totally misconceived and devoid of substance. After respective arguments have been advanced, undisputed factual position, which is emerging on which there is no dispute that petitioner's date of birth is 1.7.1947. Condition of service of teacher in primary institution are governed by the U.P. Basic Education (Teachers Service) Rule,1981, the age of superannuation has been prescribed under Rule 29, which is being extracted below:- Rule. 29. Age of superannuation:- Every teacher shall retire from service in the afternoon of the last day of the month in which he attains the age of 60 years. Provided that a teacher who retires during an academic session (July 1to June 30) shall continue to work till the end of the academic session, that is, June 30 and such period of service will be deemed as extended period of employment. Bare perusal of the rule quoted above would go to show that session would start from Ist May to 30 June. IN the present case admitted position is that petitioner has completed 62 years of age on 30th June, the age of superannuation is 62 years. IN calculating the age, date of birth may be counted as whole day and he attains specific age on the date proceed universally of his birth day. This view has been taken by Hon'ble Apex Court in the case of Prabhu Dayal Versus State of U.P. and others and same has been followed in the case of Akshaibeer Maurya Versus State of U.P. and others 2008(1) Educational Cases 86. On the parameter as set out is thus petitioner's age is to be computed he would be completed his 62 years on 30.6.2009 i.e. on the date of proceeding university his birth day. Petitioner claims that Ist July,2009 is to be ignored and computation has to be made on the date of proceeding Ist July, 2009, same would be 30.7.2009. Consequently, writ petition is dismissed.
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