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TRIBHUVAN DAHIYA
Raj Bala – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
TRIBHUVAN DAHIYA, J.
1. The petition has been filed inter alia seeking a writ of mandamus directing the respondents to grant promotion to the petitioner to the post of Principal being a State Teacher Awardee, as has been given to the similarly placed employees.
2. Learned senior counsel has contended that the petitioner was appointed as S.S. Mistress in the Secondary Education Department on 22.01.1990, and was later promoted as Headmistress with effect from 22.09.2020. She superannuated from service on 30.04.2022. Being a State Teacher Awardee, she was given extension in service from 01.05.2022 to 30.04.2024, vide order dated 27.12.2022, Annexure P-3. It was under the revised guidelines and policy for State Award to Teachers-2020, issued vide memo dated 20.02.2020, Annexure P-19, providing for two years’ extension in service beyond superannuation, i.e., up to sixty years as one of the incentives for the awardees. The petitioner, accordingly, continued in service included in the seniority list issued on 10.11.2022, Annexure P-6. She represented against it and sought promotion to the post of Principal as well, vide legal notice dated 06.02.2023, Annexure P-20. It was finally
Extension in service for State Awardees includes entitlement to promotions and benefits unless explicitly restricted by policy.
Extension is granted to an employee who is in service. No extension can be after retirement.
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 right to extension in service for National Award recipients cannot be negated by subsequent policy changes if it was accrued under prior notifications.
The eligibility for the teacher award is determined based on the date of application, not the date of the Selection Committee's consideration.
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, ....
Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.
Eligibility for promotion approval is contingent upon government consent, with precedence from previous court rulings influencing current assessments.
A Para Teacher improperly denied benefits under governmental notifications due to administrative delays retains rights entitled under these notifications.
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