IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2209 of 2009 Date of decision : September 27, 2011 Dr. Devender Nath Kashyap …Petitioner. Versus Baba Balak Nath Temple Trust and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Ramakant Sharma, Advocate. For the Respondents : Mr. K.D. Sood, Advocate, for respondents No.1 to 4. Mr. Kush Sharma, vice Mr. B.C. Negi, Advocate, for respondent No.5. Mr. Ramesh Thakur, Assistant Advocate General, for respondent No.6. Surjit Singh, Judge(Oral) Petitioner is serving as Lecturer in Baba Balak Nath Degree College, Chakmoh, run by respondent No.1, which is a Trust. He would be attaining the age of 60 years, on 30th September, 2011, this year. According to the petitioner, a Lecturer, working in a private college, affiliated to Himachal Pradesh University, retires on attaining the age of 60 years and in case he attains such age in mid academic session, he is to be allowed to continue to serve till the end of the academic session. Whether reporters of the local papers may be allowed to see the judgment? …2… He has placed reliance, in support of this plea, upon Rule-12 of Himachal Pradesh University, Shimla, Hand Book, Volume-II (The First Ordinances of Himachal Pradesh University, 1973), Appendix-A, Chapter XXXVIII, Paragraph 38.5 B(d), Part-I. The Rule reads as follows: “12. Every teacher shall retire at the age of 60 years. However, a teacher shall be allowed to continue in service till the end of the semester or the academic session even though he may have attained the age of 60 years.” 2. Earlier, petitioner had moved an application for interim relief, seeking issuance of direction to the respondents not to retire him till he attains the age of superannuation. Order was passed by this Court, on 8th September, 2009, that he shall be permitted to work till he attains the age of 60 years. 3. Now, petitioner has moved another application, seeking issuance of a direction to the respondents to permit him to continue to serve till the current academic session, i.e. 31st March, 2012. 4. I have heard learned counsel for the parties and gone through the record. 5. Petitioner filed an application, under the Right to Information Act, seeking information from the Himachal Pradesh University, with regard to applicability of the aforesaid Rule to the Lecturers of private colleges, affiliated to the Himachal Pradesh University. In …3… response, he has received reply, in the form of Annexure AR-3, in which it is stated that age of superannuation of a Lecturer in such a college is 60 years and that a teacher shall be allowed to continue in service till the end of the semester or the academic session, even though he may have attained the age of 60 years. Admittedly, the college, where the petitioner is employed as Lecturer, is following the system of academic sessions and not the semester system. Therefore, as per Rule-12, as reproduced hereinabove, as also the information received by the petitioner, under the Right to Information Act, vide Annexure AR-3, he is required to be retired at the end of academic session, which will end on 31st March, 2012, as he would be attaining the age of 60 years on 30th September, 2011. 6. In view of the above discussion, writ petition itself is disposed of, with the direction to respondents No.1 and 4 to permit the petitioner to continue to work as Lecturer in the aforesaid college, till 31st March, 2012, when the current academic session would come to an end. Writ petition stands disposed of. Pending application(s) also stand disposed of. Copy dasti. September 27, 2011(sd) ( Surjit Singh ), J