STATE OF JHARKHAND Vs. AREN MINZ

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant State of Jharkhand and others against the judgment and order dated 13th June, 2003, passed in W.P.(S) No. 6149 of 2002 (reported in 2003 (3) JCR 226 (Jhr)), whereby and whereunder, the learned Single Judge while allowed the writ petition in favour of the petitioner Smt. Aren Minz (respondent herein), held that she is entitled for the benefits of extension of service as per the old circular.

(2.) FOR determination of the issue, it is desirable to discuss the relevant facts and guideline (s)/circular(s), issued by the State Government from time to time to provide benefits to the teachers having received National Awards. The State of Bihar initially issued guidelines, whereby, it was decided 'to grant three years extension of service' to the teachers, who have been awarded National Awards. One of such guidelines was circulated by the Government of Bihar from its Education Department vide Resolution dated 16th May, 1973, followed by the Resolution No. 1744 dated 25th November, 1981 and Resolution No. 190 dated 13th February, 1984. The Government of India through its Ministry of Law, Justice and Company Af - fairs also circulated guidelines for grant of extension of services to the teacher, who have received National Awards, by its Letter No. F. 1 -9/80 -Soh. 5, dated 30th June, 1980. The Union of India, however, opined that it being purely an administrative decision, the State Education Departments) may make appropriate provisions for extension of service beyond the age of superannuation, if any State so desires.

(3.) ACCORDING to the appellants, the earlier guidelines, relating to extension of service, having been superseded by Resolution No. 128 dated 23rd May, 1996, the writ petitioner is governed by the guidelines, as contained in Resolution No. 128 dated 23rd May, 1996 she having retired on 31st December, 2000. Counsel for the appellants placed reliance on an 'unreported' decision of this Court dated 24th September, 2001, passed inW.P.(S) No. 3337 of 2001, Nishi Kant Jha v. State of Jharkhand and others, 2001 (3) JCR 577 (Jhr). It appears that the decision aforesaid has also been brought to the notice of the writ Court. However, the learned Single Judge while distinguished the case of the writ petitioner, held that the writ petitioner would be governed by the old guidelines, she having received the National Award prior to 23rd May 1996. Similar stand have been taken by the parties before this (appellate) Court.