Har Charan vs State of U.P. and Others

Ferdino Inacio Rebello, C.J. and Amreshwar Pratap Sahi, J.—The Appellant who is a Head Master in Senior Basic School has been served with an order dated 7th April. 2010 retiring him from service with effect from 30th June, 2010. The date of birth of the Appellant is 1st July, 1948.

The contention raised by Sri Dharmapal Singh learned senior counsel for the Appellant is that the Appellant is entitled to continue in the next session i.e., after 30th June. 2010 till 30th June, 2011. Sri Singh relies on the provisions of Rule 29 of the U. P. Basic Education Teachers Service Rules, 1981 read with Rule 2 (aa) of the same rules.

We find that the issue is no longer res integra as it already stands answered by a learned Coordinate Bench of this Court in the case of Ram Lal Prasad v. State of U. P. and Ors. 1987 UPLBEC 566 : 1987 (2) AWC 1314).

A judgment of a learned single Judge of the Lucknow Bench to the contrary in the case of Mannu Lal and Others Vs. State of U.P. and Others, has been relied on by the learned Counsel.

It appears that the judgment of the Division Bench in the case of Ram Lal Prasad (supra) was not brought to the notice of the learned single Judge in the case of Mannu Lal (supra).

In view of the judgment in the case of Ram Lal Prasad (supra) the judgment in the case of Mannu Lal and Ors. (supra) stands overruled.

The appeal accordingly stands dismissed.