RAM SINGH CHAUHAN Vs. DIRECTOR, SECONDARY EDUCATION

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following reliefs, among others:

(2.) Facts leading to filing of present writ petition, in brief, are that the petitioner was appointed as Asstt. Teacher in the year 1990. Subsequently, he was promoted to the post of Lecturer (Political Science) in the year 1996. Respondent no. 4 was appointed as Lecturer (Hindi) in the year 1989 in Jwalapur Intermediate College, Jwalapur, Haridwar (hereinafter referred to as 'the Institution'). Being the senior most Lecturer, respondent no. 4 was assigned the charge of officiating Principal of the Institution on the retirement of the then Principal of the Institution on 31.03.2018. While working as officiating Principal of the Institution, respondent no. 4 attained the age of superannuation on 30.04.2019. The State of Uttarakhand has framed a policy to give benefit of extension of session to a teacher if he/she is inclined to continue till the end of academic session. Respondent no. 4 was given said benefit of session extension by respondent no. 2 vide letter dated 30.03.2019 as a Lecturer / In-charge Principal. But, subsequently, the respondent no. 2 passed another order dated 31.03.2019 and wrote a letter to the Manager / Principle of the Institution that in the Uttarakhand Service Benefit Act, 2018 and the G.O. dated 3rd August 2017 it has been directed that on completion of age of superannuation the benefit of increment in the salary and retiral dues shall not be granted and the teacher shall be deemed to be retired on attaining the age of superannuation and during the period of extension of session the payment will be made on the principle of salary last drawn minus the pension. The Deputy Secretary, Govt. of Uttarakhand wrote a letter to the Director, Treasury, Pension and Entitlement on 25.04.2018 stating therein that it has come into the notice of the Government that the period of extension of benefit of session is being considered for granting increment in salary and for retiral benefits. It is also stated that, therefore, in view of the G.O. dated 03.08.2017, those who have attained the age of superannuation and have been given the benefit of extension of session, the extension period may not be considered for calculation of the enhancement of salary and pensionery benefits and they shall be deemed to be superannuated on the date they attained the age of superannuation. Respondent no. 2 issued another order dated 08.05.2019 mentioning therein that the approval to give benefit of extension of session has been granted to respondent no. 4 vide order dated 30.03.2019. The same has been modified / amended on 31.03.2019 to the extent that Mr. Rohitashav Kunwar, Lecturer / officiating Principal has been given the teaching work in the interest of the students on his original post of Lecturer (Hindi). Subsequent thereto, respondent no. 2 passed the impugned order dated 03.05.2019 mentioning therein that respondent no. 4, officiating Principal of the Institution has made an application dated 13.05.2019 seeking benefit of extension of academic session being the senior most Lecturer of the Institution, therefore, he is entitled to continue as an officiating Principal of the Institution. On the representation made by respondent no. 4, respondent no. 2 passed the order to the effect that since the benefit of extension of academic session has been granted to respondent no. 4, therefore, being the senior most Lecturer of the Institution, he shall continue as officiating Principle.

(3.) The petitioner, who is next to respondent no. 4 in the seniority of the respondent no. 3 Institution felt aggrieved and has preferred the instant writ petition seeking quashing of the order dated 13.05.2019.