TERKESHWAR NATH SRIVASAVA Vs. STATE OF UP

JUDGEMENT

(1.) Petitioner before this Court was employed as Ad hoc Principal in Patel Smarak Inter College, Patel Nagar, Bhathat, Gorakhpur, which is an institution added and recognized under the provisions of the Intermediate Education Act. The petitioner attained the age of superannuation on 30th June, 2010 after attaining the age of 62 years.

(2.) Petitioner on the strength of his having been granted National Award for Teachers in 2004 claimed that he was entitled to extension of two years service in terms of the Government Order dated 29th June, 2004. Since the claim of the petitioner was not being considered by the authorities, he filed Writ Petition No. 37348 of 2010. The writ petition was decided under judgment and order dated 30th June, 2010 requiring the State Government to take appropriate decision in the matter of grant of extension of two years service to the petitioner. The claim of the petitioner was rejected by the State Government vide order dated 26th July, 2010. It was recorded that the petitioner was involved in making illegal appointments on Class-IV post while working as officiating Principal and therefore he was not entitled to be granted extension of two years. His representation was accordingly rejected.

(3.) Not being satisfied the petitioner filed second writ petition before this Court, being Writ Petition No. 45202 of 2010. The writ petition was allowed after recording a finding that the appointments made of Class-IV employees by the petitioner had been approved by the Regional Level Committee and further the State Government has not invited the comments from the petitioner in respect of the adverse material which has been taken into consideration while rejecting his claim. Therefore, the principle of natural justice have been violated.