# Ram Chandra Chaurasiya v. State of U.P. & Ors

- **Citation:** (2023) 4 ILRA 1136
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-04-04
- **Case number:** Writ-A No. 31818 of 2009
- **Bench:** Saurabh Srivastava
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-chandra-chaurasiya-v-state-of-u-p-ors-49809
- **Pages:** 4

## Headnote

Civil Law - Service Matter - Intermediate
Education
Act,
1921

-
Age
of
Superannuation - By Government Order
dated
27.02.2004,
the
age
of
superannuation for assistant teachers was
fixed at 62 years
- Petitioner was
compelled to retire at the age of 60 years
on the ground that the institution, being a
minority
institution,
has
separate
retirement rules according to its scheme
of administration - Institution case that
due to the institution's minority status,
4 All. Ram Chandra Chaurasiya Vs. State of U.P. & Ors.
1137
laws and rules of the State of U.P.
contrary to the scheme of administration
do not apply - Held: Once a minority
institution is recognized by the State
Government,
all
applicable
rules,
provisions, and Government Orders are
enforceable - Respondents were directed
to treat the petitioner as retired upon
attaining the age of 62 years.

Allowed. (E-5)

List of Cases cited:

## Text

1136 INDIAN LAW REPORTS ALLAHABAD SERIES
of the Apex Court in the case of Himachal
Pradesh State Electricity Board Ltd. vs.
Mahesh Dahiya, (2017) 1 SCC 768
alongwith the case of Allahabad Bank vs.
Prem Narain Pande and others (1995) 6
SCC 634.

7. Per contra learned standing counsel
vehemently opposed the prayer as made in
the petition but the principles as laid down
by the Hon'ble Apex Court which has been
followed by this court while adjudicating
the controversy as raised in similar situated
conditions and cases as mentioned above
has not been denied, learned standing
counsel based his argument that the
punishment awarded to the petitioner is
justified since in the disciplined post
absence of only of few hours may attribute
to the penalty as awarded to the petitioner,
in the instant matter the petitioner absented
himself from the duty for more than two
years which culminated into order of
suspension and thereafter dismissal from
service after due conduction of the
disciplinary proceeding against him.

8. So far as the charges levelled
against the petitioner, the same has been
explained on various grounds, interalia the
prolonged illness of his wife compelled
him to stay without seeking formal
approval of leave but the same has been
intimated well within time. The ground of
recommendation of punishment at the time
of submitting the enquiry report as well as
on the other grounds as mentioned in the
memo of appeal as well as revision the
orders dated 10.12.2011, 29.4.2012 and
29.8.2012 passed by respondent nos. 5,4
and 3 respectively are hereby quashed and
set aside.

9. The respondent no.5 is hereby
directed to treat the petitioner as a regular
incumbent of the department and extend all
the benefits being the retired employee of
police department after attaining the age of
superannuation in the month of January,
2015 itself, the entire exercise with regard
to extension of benefit of back wages,
retiral
dues
and
other
admissible
increments
shall
be
completed
as
expeditiously as possible preferably within
a period of four months from the date of
production of certified copy of this order.

10. The writ petition stands allowed
accordingly.
----------
(2023) 4 ILRA 1136
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.04.2023

BEFORE

THE HON'BLE SAURABH SRIVASTAVA, J.

Writ-A No. 31818 of 2009

Ram Chandra Chaurasiya ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Ram Jatan Yadav, Sri M.N. Khan, Sri
Rahul Jain

Counsel for the Respondents:
C.S.C., Sri P.K. Yadav

Civil Law - Service Matter - Intermediate
Education
Act,
1921

-
Age
of
Superannuation - By Government Order
dated
27.02.2004,
the
age
of
superannuation for assistant teachers was
fixed at 62 years
- Petitioner was
compelled to retire at the age of 60 years
on the ground that the institution, being a
minority
institution,
has
separate
retirement rules according to its scheme
of administration - Institution case that
due to the institution's minority status,
4 All. Ram Chandra Chaurasiya Vs. State of U.P. & Ors.
1137
laws and rules of the State of U.P.
contrary to the scheme of administration
do not apply - Held: Once a minority
institution is recognized by the State
Government,
all
applicable
rules,
provisions, and Government Orders are
enforceable - Respondents were directed
to treat the petitioner as retired upon
attaining the age of 62 years.

Allowed. (E-5)

List of Cases cited:

1. T.M.A. Pai Foundation & ors Vs St. of Karn. &
ors., 2002 (8) SCC 481

(Delivered by Hon'ble Saurabh Srivastava, J.)

1. Heard Shri Rahul Jain, learned
counsel for the petitioner, Shri P.K. Yadav,
learned counsel for the respondent nos. 3
and 5 and Shri Girjesh Tripathi, learned
Standing counsel for the respondent nos. 1
and 2.

2. It is the case of the petitioner that
he was rendering his services before the
respondent no. 3 as an assistant teacher and
as per the Intermediate Education Act,
1921 which has been regulated with the
different amendment introduced by the
State Government of U.P. from time to
time the age of superannuation pertaining
to the petitioner is 62 years, whereas he has
been compelled to retire at the age of 60
years only. Having been aggrieved with the
notice/order of retirement dated 10.12.2008
and the same is under challenge in the
instant petition.

3. For substantiating the claim of the
petitioner, the provisions of the regulation
as well as the extent rules applicable over
the petitioner has relied upon which is
ensured by the legislation for each and
every teacher imparting in the same
services before the different institution
recognized by the competent authority i.e.
respondent no. 2.

4.

Considering
the
provisions
applicable over the petitioner and his
specific letter dated 09.04.2009 has been
issued by the respondent no. 2 in favour of
respondent no. 3 and it has been clarified
that the age of superannuation for the
assistant teacher has already been declared
through
Government
Order
dated
27.02.2004 is 62 years and as such the
committee of management of Saint Joseph's
High School, Mahoba is hereby requested
to ensure the retirement of the petitioner
and after completion of the 62 years and
the same has been appended along with the
petition as Annexure No. 8.

5. Per contra, learned counsel for the
respondent nos. 3 and 5 vehementally
opposed the prayer as made in the petition
on the ground that the committee of
management is having the separate Rules in
respect of the retirement of the assistant
teacher were engaged in the institution on
the term and condition which is admissible
and applicable both of them, the term and
condition is directly governed with the
scheme of administration as adopted by the
respondent no. 3 and the same has been
approved by the Deputy Director Education
(Madhyamik), Jhansi Division, District -
Jhansi.

6. After having the rival contention
has raised by the learned counsels for the
respective parties along with the perusal of
the letter of administration submitted by the
learned counsel for the petitioner at the
time of filing the rejoinder affidavit in reply
to the counter affidavit preferred by the
respondent no. 3 and 5 and the same has
not been disputed at any point of time since
1138 INDIAN LAW REPORTS ALLAHABAD SERIES
the document appended as Annexure No. 2
to the rejoinder affidavit, wherein it is
crystal clearly mentioned in the scheme of
administration
of
the
institution
i.e.
respondent nos. 3 and 5 at para 22 (iii)
which is reproduced hereinbelow:

"3- विद्यालय के कितचारीयों का सेिा
की एक्ट तथा रेग्युलेशन्स से ननिातररत होंगे।
यदद सेिा के भलए कोई सिझौता होगा, तो यह
उन्ही अंश िें िान्य होगा जजस अंश िें एक्ट
तथा रेग्युलेशन्स के प्राििानों के अनुकूल
होगा।"

7. The definition of act and regulation
is well defined under the clause 3 of the
scheme of administration available under
the definitions, Act means Intermediate
Education Act, 1921 and Regulation,
means all the Rules, instructions as well as
Government Orders in shape of Act issued
by
Department
of
Education,
State
Government of U.P. from time to time.

8. The scheme of administration
adopted by the respondent nos. 3 and 5 is
such explanatory in respect of every affairs
which is applicable over each and every
employee of the institution and the same
shall be governed with the strict provisions
of the Intermediate Education Act, 1921 so
far as the Government Orders and different
other statutory provisions are concerned all
shall be equally applicable over each and
every
employee
irrespective
of
the
institution governed under the minority in
Status. The sole ground is relied by the
learned counsel for the respondent nos. 3
and 5 that the institution is minority and as
such the connecting laws as well as Rules
pertaining to the State of U.P. shall not be
applicable is contrary to the scheme of
administration itself. Once the institution
irrespective of its status specially a
mentioned in the petition as minority once
recognized by the State Government the
entire
rules,
provision
as
well
as
Government Orders shall be applicable in
strict in the two letter and separate by the
institution which is mandatory in nature.

9. The Eleven Judges Bench in
T.M.A. Pai Foundation & Ors Vs. State
of Karnataka & Ors, 2002 (8) SCC 481,
had again occasion to consider the scope
and ambit of Article 30 of the Constitution.
The Apex Court in the said case has framed
various questions. One of the questions,
5(c) which is relevant in the present case
was also framed. It is useful to quote
paragraphs 136, 137 and also paragraph
161 in which the Answer to question 5(c) is
given, which are as under:

"136. Decisions of this Court
have held that the right to administer does
not include the right to maladminister. It
has also been held that the right to
administer is not absolute, but must be
subject to reasonable regulations for the
benefit of the institutions as the vehicle of
education, consistent with national interest.
General laws of the land applicable to all
persons have been held to be applicable to
the minority institutions also -- for
example,
laws
relating
to
taxation,
sanitation,
social
welfare,
economic
regulation, public order and morality.

137. It follows from the aforesaid
decisions that even though the words of
Article 30(1) are unqualified, this Court
has held that at least certain other laws of
the land pertaining to health, morality and
standards of education apply. The right
under Article 30(1) has, therefore, not been
held to be absolute or above other
provisions of the law, and we reiterate the
same. By the same analogy, there is no
4 All. Jai Prakash Yadav Vs. D.G. (C.R.P.F.) C.G.O. New Delhi & Ors.
1139
reason why regulations or conditions
concerning, generally, the welfare of
students and teachers should not be made
applicable in order to provide a proper
academic atmosphere, as such provisions
do not in any way interfere with the right of
administration
or
management
under
Article 30(1).

161. The essence of secularism in
India is the recognition and preservation of
the different types of people, with diverse
languages
and
different
beliefs,
and
placing them together so as to form a
whole and united India. Articles 29 and 30
do not more than seek to preserve the
differences that exist, and at the same time,
unite the people to form one strong nation."

10. In view of the aforementioned
facts and circumstances as well as by
intensive reading of the scheme of
administration, the ground as taken up by
the as learned counsel for the respondent
nos. 3 and 5 is not tenable in the eye of law
and as such the notice/order of retirement
dated 10.12.2008 issued by respondent no.
3 is hereby quashed and set aside.

11. The writ petition is hereby
allowed with direction to the respondent
nos. 3 and 5 to treat the petitioner retired
after attaining the age of 62 years and
ensure the payment along with the
backwages,
admissible
incrimants
thereupon within 15 days from the date of
the production of the certified copy of this
order
produced
before
them.
Retiral
benefits along with the payment of delayed
interest admissible to the rate of the current
lending rate of the nationalized Bank will
be admissible to the petitioner.
----------
(2023) 4 ILRA 1139
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.04.2023
BEFORE

THE HON'BLE SAURABH SRIVASTAVA, J.

Writ-A No. 50320 of 2009

Jai Prakash Yadav ...Petitioner
Versus
D.G. (C.R.P.F.) C.G.O. New Delhi & Ors.
 ...Respondents

Counsel for the Petitioner:
Sri Gopal Misra, Sri Malik Juned Ahmad

Counsel for the Respondents:
A.S.G.I., Sri C.P. Gupta, Sri Sanjay Kr. Om

Civil Law - Service Matter - Quantum of
Punishment - Bigamy - Central Reserve
Police Force Act 1949 - Section 11(1) -
CRPF Rules 1955 - Rule 27 - Petitioner,
already married, performed a second
marriage without seeking permission -
Dismissal order passed under S. 11(1) -
Court held that the disciplinary authority
was required to impose only a minor
punishment under S. 11(1) but instead
illegally imposed a major punishment
(dismissal), which was illegal. (Para 10)

Allowed. (E-5)

(Delivered by Hon'ble Saurabh Srivastava, J.)

1. Heard Sri Malik Juned Ahmad,
learned counsel for the petitioner and Sri
Sanjay Kr. Om, learned counsel for
Union of India representing all the
respondents.

2. This petition has been moved
with a prayer to "issue a writ, order or
direction in the nature of certiorari
quashing the impugned dismissal order
dated 26.04.2008 passed by respondent
no.4 as well as the orders dated
14.7.2009, 23.12.2008 and 9.8.2008
passed by the respondent nos. 1, 2 and 3
respectively."