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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Bhupender Gupta – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
1. By way of instant petition, petitioner has prayed for the following main reliefs:-
“(i) That the writ in the nature of certiorari or any other appropriate writ order or directions may kindly be issued quashing the communication dated 11.02.2024 & 15.02.2024 (Annexure P-6 (Colly)) whereby the case of the Petitioner for grant of 2 years of Extension and one additional increment.
(ii) That the writ in the nature of mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents to grant the petitioner two years of Extension in service w.e.f. 01.05.2024 to 30.04.2026 and the benefit of one additional increment from the date of receipt of National Award i.e. 5.09.2016 with all consequential arrear along with interest.”
2. For having bird’s eye view, facts relevant for adjudication of the case at hand are that petitioner herein was initially appointed as Lecturer (Commerce) School cadre on tenure basis in the year 1989. However, subsequently petitioner was appointed through Public Service Commission on regular basis in the month of October, 1994 and thereafter, he was promoted to the post of Principal School cadre on 2
The right to extension in service for National Award recipients cannot be negated by subsequent policy changes if it was accrued under prior notifications.
Notification superseding priors grants two-year service extension and increment to all national awardee teachers without distinguishing award fields like education or NSS; artificial exclusion invali....
The main legal point established in the judgment is the application of the rule of harmonious construction in interpreting conflicting provisions of the Government Order and determining the entitleme....
Point of Law : A Government servant has no right to continue in service beyond the age of superannuation and if he is retained beyond that age it is only in the exercise of the discretion of the Gove....
Extension is granted to an employee who is in service. No extension can be after retirement.
Extension in service beyond superannuation under Article 229 entitles employee to annual increment per handbook distinguishing it from re-employment, prevailing over instructions denying pay increase....
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