Apr - High Court of Judicature at Allahabad

1 All] Rama Shanker Shukla V. Zila Basic Shiksha Adhikari Sitapur and others 437
impugned order dated 26.3.1996.
However, back wages was not provided.
3. While assailing the impugned
order, it has been submitted by the
petitioner's counsel that the petitioner is
entitled for back wages as well as all
service benefit.
4. Learned Standing Counsel
submitted that the petitioner is not
entitled for back wages on the principle
of no work and no pay. Learned
Standing Counsel has no objection with
regard to petitioner's continuity in
service and other service benefits. It has
also been submitted that the petitioner
has been reinstated in terms of tribunal's
order.
5. So far as the back wages are
concerned, we are of the view that the
petitioner is not entitled for payment of
back wages. However, so far as other
benefits are concerned, the petitioner
has got right to claim the same.
6. Since the order of punishment
has been set aside by the tribunal, the
order of tribunal has attained finality to
the extent the respondents are
concerned.
7. In view of above, we dispose of
the writ petition with the direction to the
respondents to provide all consequential
benefits treating the petitioner's
continuity in service except the back
wages.
8. Subject to above, the writ
petition is finally disposed of.
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ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 11.04.2011
BEFORE
THE HON'BLE DEVENDRA KUMAR ARORA,J.
Service Single No. 1887 of 2011
Rama Shanker Shukla ...Petitioner
Versus
Zila Basic Shiksha Adhikari Sitapur and
others
...Respondent
Counsel for the Petitioner:
Sri R.K.Sharma
Counsel for the Respondent:
Sri Rakesh Kumar Tiwari
Sri Rakesh Kumar Tiwari
U. P. Recognised Basic Schools (Junior
High Schools) (Recruitment and
Conditions of services of Teacher) Rules,
1978.-Rule-14-Date of retirement
teachers working in recognized
institution-date of retirement shall be
the date on which 62 th Date of Birth
celebrated-meaning thereby the
petitioner shall retire on 30.06.2011 as
the date of birth is 01.07.49-friction of a
day will be omitted-as the period of
counting will start from midnight of the
date of birth-62 years shall be the
midnight of 30.06.2011-by impugned
notice rightly made to retire -No
illegality in impugned order.
Held: Para 6
The section embodies that in computing
the age of any person, the day on which
he was born is to be included as a whole
day and he must be deemed to have
attained majority at the beginning of the
eighteenth anniversary of that day."
On applying the principle laid down by
Hon'ble Supreme Court on the facts and
circumstances of the present case, the
petitioner whose date of birth is