KEDAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed by the petitioner with a prayer for extension of his service by one year, i.efrom 1.2.1998 to 31.1.1999 in view of the fact that he received State Award on 5th September, 1994.

(3.) A counter affidavit has been filed in this case. It is not in dispute that the petitioner has got the State Award nor it has been disputed that the said award has been given in the month of September, 1994, and equally there is no dispute that the petitioner is normally entitled to continue in service up to 31.1.1998. In other words, the retirement of the petitioner falls due on that date. It is also not in dispute that the Government has already passed a resolution on 23rd May, 1996, which is much before the petitioner 's date of retirement, changing its previous policy by taking away the right of such teachers to seek extension of service and replacing it by a cash award. The memorandum disclosing such policy of the State Government, has been annexed to this writ petition.