MOSAHEB SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 22.12.1999 passed by the Director of Primary Education, whereby the prayer made by the petitioner for extension of service by one year has been turned down.

(2.) Short facts giving rise to the present application are that the petitioner at the relevant time was Headmaster of Government Middle School, Hajipur in the district of Vaishali and for meritorious service, he was conferred the State Award on the Teachers' Day i.e. 5th of September, 1992. Petitioner had attained the normal age of superannuation in March, 1996 and therefore, was to retire with effect from 1.4.1996.

(3.) The State Government had come out with a policy to grant extension of service by one year to such teachers who are the recipient of the State Award. However, by resolution dated 23rd of May, 1996 (Annexure-13), the State Government modified its policy and resolved to give cash-award of Rs. 10.000/-to such teachers who have got the State Award. Petitioner, before attaining the age of superannuation, requested for extension of service by one year on account of the policy decision prevailing on his normal date of retirement. The District Superintendent of Education, by its letter as contained in memo dated 2.11.1995 (Annexure-3), forwarded the claim of the petitioner for decision to the Director of Primary Education, recommending extension of the petitioner's service.