2009 Supreme(All) 225
[2009(3) ADJ 269]
ALLAHABAD HIGH COURT
BEFORE : SHASHI KANT GUPTA, J.
Smt. NASEEM HAFEEZ ....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 22331 of 2001, decided on 22nd January, 2009)
Counsel :
Ramendra Asthana for the Petitioner; S.C. for the Respondents.
Headnote:Superannuation—Age of—Retirement—Grant of Retiral benefit—Benefit of Government order—Extension of two years service after retirement—To National or State awarded—Entitlement to—Issue of G.O. by Government on 6.5.1982 providing that teachers, who have been awarded National or State Awards, meant for teachers, would be entitled to get an extension of two years’ service after retirement—On 30.6.1999, she retired—But, that time no formal order for extension of service in pursuance of Government Order, dated 6.5.1982 was received by petitioner—Although, petitioner was conferred a national award on 5.9.1998 by Government of India—On 5.5.2001, respondent-State Government intimated that services of petitioner has been extended from 1.7.1999 to 30.6.2001—Petitioner made a representation to D.I.O.S., whereupon D.I.O.S. directed Principal of College to comply with direction of State Government, but she was not permitted to join—Hence, petition—Held, as respondents slept over the matter, and did not pass order of extension of petitioner, she was not at fault—And, she cannot be deprived of benefit of Government order, dated 6.5.1982—Petitioner attained age of superannuation on 30.6.1999 and although she received post retiral dues, she cannot be denied those reliefs—Hence, respondents directed to grant all benefits of continuity of service to her, treating her to be in service from 1.7.1999 to 30.6.2001. [Paras 2, 3, 4, 5, 7, 18, 19, 20 and 21]
Honble Shashi Kant Gupta, J.—By this writ petition the petitioner has prayed for a direction to the respondents to permit the petitioner to join forthwith as a Lecturer in the Government Girls Intermediate College, Shahjahanpur and to permit the petitioner to work till 30.6.2001 and further prayed for a direction to grant all the benefits of continuity of service from 1.7.1999 to 30.6.2001.
2. The background facts in a nutshell essentially are as follows :
The petitioner was initially appointed as Assistant Teacher in Government Girls Intermediate College, Shahjahanpur (in short ‘College’) and according to the Govt. policy the petitioner was due to retire on 30.6.1999. On 6.5.1982 the State Govt. issued a G.O. providing that the teachers who have been awarded National or State Awards meant for the teacher will be entitled to get an extension of two years service after the retirement if they are found to be physically and mentally fit.
3. On 1.9.1998 office of the respondent No. 2 telegraphically intimated the petitioner and 12 other teachers of the State that they have been awarded national award for teaching. On 5.9.1998 national award was conferred upon the petitioner by the Govt. of India.
4. Although the petitioner was to retire on 30.6.1999 after attaining the age of superannuation but by that time no formal order for extension of her service in pursuance of the Govt. order dated 6.5.1982 was received.
5. Petitioner on 1.7.1999 gave an undertaking that if she is permitted to work after 30.6.1999 then she would not claim any salary or other allowances etc. till formal orders in this regard are received.
6. On 14.7.1999 the respondent No. 4 issued a certificate stating that the petitioner worked after 1.7.1999 in terms of her undertaking. The Additional Director of Education directed the Joint Director of Education to send more papers and on 3.8.1999 those papers were sent to him. When no further progress was made, petitioner on 11.3.2000 made a representation to the State Govt. for extension of her service and on 26.4.2000 petitioner requested the respondent No. 4 to forward her pension papers etc. as she was in dire necessity of money.
7. On 5.5.2001 the State Govt. (respondent No. 1) intimated the respondent No. 2 that services of the petitioner has been extended from 1.7.1999 to 30.6.2001 as such the petitioner on 14.5.2001 made a representation to the respondent No. 3 and respondent No. 4 requesting them to permit her to work till 30.6.2001. On 14.5.2001 the District Inspector of Schools (DIOS) respondent No. 3 directed the Principal to comply with the direction of the State Government as contained in the aforesaid letter dated 5.5.2001 and direction was also given to submit the compliance report. Again on 17.5.2001 petitioner made a representation to the Principal to permit her to join and grant her all the benefits of continuity of service. On 24.5.2001 DIOS again directed the Principal of the college to extend the services of the petitioner for two years but the petitioner was not permitted to join. Hence the present writ petition.
8. It was submitted by the learned counsel for the petitioner that long before her retirement, petitioner on 5.9.1998 was awarded national award for teaching by the Govt. of India but still the respondents showed no sense of urgency and did not grant the extension of two years service after the retirement viz. 30.6.1999. Although the petitioner on 1.7.1999 had given an undertaking that if she is permitted to work after 30.6.1999 she would not claim any salary or other allowances and also did actually work for a short period after her retirement. It was further submitted that she kept on making one representation after another to the authorities concerned to grant extension of her service in the light of the Govt. order dated 6.5.1982. It was only after the lapse of 22 months from the date of her retirement that the petitioner was intimated by the State Govt. that her services have