LAWS(PAT)-1999-9-172

SHANTI OJHA Vs. STATE OF BIHAR AND OTHERS

Decided On September 29, 1999
Shanti Ojha Appellant
V/S
State of Bihar and Others Respondents

JUDGEMENT

(1.) Being a recipient of National Award, the petitioner has prayed for a writ of mandamus commanding upon the respondents to grant three years' extension in her service pursuant to the Government resolutions.

(2.) There is no denial of the fact that the petitioner while working in the Education Department of the State of Bihar was awarded National Award in Sept. 1990 and in view of resolution of the State Government dated 16-5-1973 such awardees were entitled to get an extension in service for three years. Before her retirement on 31-7-1996 the petitioner made an application for grant of extension of her service for three years with effect from 1-8-1996 but without any result.

(3.) On the other hand, learned counsel for the State contends with reference to the subsequent resolution of the State Government dated 23-5-1996, as contained in Annexure 5-A, that subsequently the earlier resolution was amended by the State Government and now such awardees are not entitled to get any extension in service, rather they are entitled to get cash amount of Rs. 20,000.00 (rupees twenty thousand) from the stay government. Referring to the decision of this court in the case of Kedar Choudhary Vs. The State of Bihar reported in (1999) 2 Pat LJR 313 , the learned counsel submits that this point has been settled by this Court upholding the validity of the subsequent resolution as contained in Annexure 5-A.