HAMIDUDIN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, under the Rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 22.8.2005 in writ petition No. 24108 of 2004.

(2.) The petitioner claims that he was working as a principal in Basic Teachers Training College, Varanasi and attained the age of superannuation on 31.3.2000. However, in the year 1999 his name was recommended for State Teacher's Award, which was ultimately conferred upon him vide Government Order dated 18.9.2000. The contention of the appellant is that in accordance with Government Order dated 6.5.1982 the teachers, who have been conferred with the State Teacher's Award for teaching and are physically and mentally fit, are entitled to be given two years extension of service but such extension of service was not given to him although he has been conferred upon such award for the year 1999. We have heard learned counsel for the parties.

(3.) It is not disputed that the said award was conferred upon the petitioner on 18.9.2000 although he attained the age of superannuation on 31.3.2000 i.e. after about six months from the date the petitioner attained the age of superannuation. The term extension means enlargement, expansion, lengthen, prolong etc., which is permissible'only when an incumbent is already in service but after he has ceased to be the holder of the post and is not in service, he cannot claim extension, since the question of extension does not apply in such case. The issue has been considered in detail by the Hon'ble Single Judge and we do not find any reason to take different view in this matter.