BAL RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this writ petition, the petitioner prays for issuance of a writ in the nature of Certiorari to quash the order dtd. 26/3/2021 whereby the petitioner's claim for extension in the age of retirement beyond the period of 58 years has been declined. The petitioner worked as a Guest Teacher purely on contractual basis. The age of retirement of a Guest Teacher provided in the Haryana Guest Teachers Service Act, 2019. The Director General Elementary Education, Haryana, has pointed out that there is no provision to extend the age of retirement i.e 58 years under the Haryana Guest Teachers Service Act, 2019.

(2.) Ms. Kirti Singh has pointed out that as per Rule 8(36) of the Haryana Civil Service (General) Rules, 2016, the phrase 'Government employee' does not include persons appointed on contractual basis. Rule 8(36) is extracted as under:-

(3.) Learned counsel representing the petitioner contends that as per the instructions issued by the Government, a disabled employee is entitled to be considered for the grant of extension. He further submits that in the instructions, there is no distinction between a 'regular employee' and a 'contractual employee'.