RAGHUBIR SINGH BIST S/O LATE POORAN SINGH BIST Vs. SECRETARY, DEPARTMENT OF EDUCATION GOVERNMENT OF U P ; DIRECTOR OF EDUCATION (MADHYAMIK) AND DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought post retiral dues including pension, gratuity and 89 days encashment leave, treating his date of retirement 30.06.1994.

(2.) Heard learned Counsel for the parties and perused the affidavit, and counter affidavit, filed on behalf of respondent No. 3. No counter affidavit has been filed on behalf of respondents No. 1 and 2.

(3.) Brief facts of the case are that the petitioner was a Principal of Government Inter College, Thal, in District Pithoragarh. As per the date of birth in his service record, he completed 58 years of his age on 14.07.1993. The petitioner made representation seeking extension of service till completion of academic session i.e. 30.06.1994. It is stated in the writ petition that said representation (copy of which is annexure-1 to the writ petition), was submitted with all necessary formalities and forwarded to respondent No. 2, vide letter dated 10.03.1993 (copy annexure-2 to the writ petition). However, on 10.08.1993, the petitioner received a telegram from respondent No. 2 (Director of Education Madhyamik) that as the department has received no reply from the Government for extension of his services, hence the petitioner deemed to be relieved on retirement without extension. The petitioner's case before us is that as per the Government Order dated 21.03.1984, if a teacher in a Government school attains age of superannuation in mid of the academic session, his services can be extended till the completion of academic session. The petitioner has further stated that he earlier filed writ petition No. 32780 of 1993, before Allahabad High Court (which after it is transferred to this Court, re-numbered as 1402 of 2005) with a prayer, seeking mandamus for extension of his service, as per the aforesaid Government Order. In said writ petition, Allahabad High Court, passed following interim order on 16.09.1993: