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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Daleep Kumar Thakur – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's service history and indira gandhi nss national award receipt. (Para 1 , 2) |
| 2. 2015 notification supersedes priors; 2-year extension for national awardees. (Para 3) |
| 3. respondents argue nss award excluded from 2015 notification scope. (Para 5) |
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 a
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 right to extension in service for National Award recipients cannot be negated by subsequent policy changes if it was accrued under prior notifications.
Extension is granted to an employee who is in service. No extension can be after retirement.
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....
The eligibility for the teacher award is determined based on the date of application, not the date of the Selection Committee's consideration.
A Para Teacher improperly denied benefits under governmental notifications due to administrative delays retains rights entitled under these notifications.
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
The court established that the deletion of the advance increment provision in the Government Circular was valid and did not apply retrospectively to teachers not awarded before the change.
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