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 invalid; actual post-retirement monetary benefits due despite no work.

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner retired as Principal from respondents- Education Department. His case is that on account of having received a National Award, respondents were bound to grant him two years extension in service and one additional increment as per notification dated 24.09.2015. Respondents have not accepted petitioner’s contention. According to them, the National award received by the petitioner does not fall within the purview of the said notification, hence, he was justly not granted extension in service as also the additional increment.

2. The case.

2(i) Petitioner was appointed as Lecturer (History) School Cadre on 07.12.1995. He was promoted to the post of Principal on 15.04.2017. While serving as Lecturer, petitioner was deputed by respondents as Incharge of National Service Scheme (NSS) in the Department of Higher Education in July, 2002. Taking note of petitioner’s contribution to NSS as Programme Co-ordinator, the Ministry of Youth Affairs & Sports, Government of India recommended his name for Indira Gandhi N.S.S. Award (IGNSS), 2011-12. The award was received by the petitioner from Hon’ble President of India on 26.10.2012.

Alongwith National Award, the petitioner also received cash prize of Rs.50,000/- and a trophy. 50,000/- and a trophy.

2(ii) Respondents- Education Department came up with notification dated 24.09.2015 (Annexure A-3), its English translation as supplied by learned counsel for the petitioner reads as under:-

“Government of Himachal Pradesh

Elementary Education Department

D.N.C.C. (1-7)-3/ 2007 Volume-III Dated Shimla-2 24.9.2015

Notification

In supersession of all previous notifications/orders, the Governor of Himachal Pradesh grants two years extension in service with one additional increment to teachers who have received national level awards and one year extension of service to teachers who have received state level awards.

This decision will come into effect from the date of issue of the notification.

By order
Additional Chief Secretary (Education)
Government of Himachal Pradesh”

The above notification was issued in supercession of all previous notifications/orders/decision on the subject. As per above notification, Hon’ble Governor of Himachal Pradesh had approved extension in service by two years to the National Awardee teachers alongwith one additional increment. The State Awardee teachers were entitled to one year extension in service.

2(iii) Subsequently another notification was issued on 30.11.2015 clarifying that to get extension in service the eligible teachers will have the option to deposit the cash awards. Incidentally, petitioner deposited cash award which he had received alongwith the National Award, with the respondents. Petitioner was due to superannuate on 31.05.2023. He represented seeking extension of two years in service. Staking claim upon the applicability of notification dated 24.09.2015, petitioner has preferred this writ petition for grant of following substantive relief:-

“i) That a writ in the nature of Mandamus or any other appropriate writ, order of direction may kindly be issued to directing the respondents to grant the petitioner two years extension in service and one additional increment in terms of notification dated 24.09.2015 (Annexure P-3).”

2(iv) The respondents- Education Department in its reply has not denied that petitioner had been given National Award. According to the respondents, the said National Award conferred upon the petitioner i.e. IGNSS Award for the period 2011-12 is not covered under the notification dated 24.09.2015.

Respondents in their reply have made an endevour to trace history of notifications/scheme for conferring awards to teachers in the State Education Department