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2012 Supreme(Raj) 2252

GOVIND MATHUR
Jai Kishan Sharma – Appellant
Versus
Sainik School Society, New Delhi – Respondent


For the Petitioner:Vineet R. Dave, Rajesh Joshi, Advocates.
For the Respondent:Anil Bhandari and V.D. Dadhich, Advocates.

JUDGMENT

1. - By this petition for writ, the petitioner is giving challenge to order dated 29.3.2010 passed by the Principal, Sainik School Chittorgarh issuing instruction not to extend the service of petitioner beyond the period of 57 years of age.

2. In brief, the facts of the case are that the petitioner entered in the services of Sainik School being appointed as Peon on 31.12.1979. As per Clause 5.30 of the Sainik School Society Rules & Regulations, 1997 (hereinafter referred to as 'the Regulations of 1997') the age of superannuation of administrative and general staff would be 55 years, however, the administrative staff and general staff can continue in service upto 58 years, subject to the satisfaction of Principal regarding efficient performance and medical fitness. The respondents allowed extension to the petitioner to continue in service upto the age of 57 years but under an order dated 19.3.2010, no further extension was allowed. Being aggrieved by the same, the petitioner preferred a petition for writ before this Court, that came to be disposed of on 21.3.2011 with a direction to the respondents that the appeal preferred by the petitioner against the order dated 29.3.2010









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