The entitlement to extension of service is subject to specific conditions and requires a decision by the competent authority.

Mr. Rajan Roy, J. –

Heard learned counsel for the parties and perused the record.

2. Sri. Kedar Nath Singh-petitioner of Writ Petition No. 9483 (SS) of 2016 claims entitlement to continue in service on extension/expansion under Regulation 35 of the U.P. Board of Secondary Sanskrit Education (Appointment and Conditions of service of Head of Institution, teachers and other employees of Institution) Regulations, 2009 (hereinafter referred to as 'the Regulations, 2009').

3. As both the aforesaid writ petitions involve similar facts and issues, therefore, they have been clubbed and heard together and are being decided by a common judgment.

4. The relevant facts of the case in brief are as under: -

Sri. Kedar Nath Singh was employed as an Assistant Lecturer in the respondent No. 7 college which is a Sanskrit Institution for teaching Intermediate section and the pay scale was payable in the L.T. Grade. The date of birth of Sri. Kedar Nath Singh is 03.01.1951. As per Regulation 35 of the Regulations, 2009 a teacher is to retire from service on attaining the age of superannuation which is prescribed as 62 years. Sri. Singh attained the age of superannuation on 02.01.2013. Prior to attaining the age of superannuation the case of Sri. Singh for grant of two years extension/expansion of service account of Sri. Singh having been awarded a National Award on 05.09.2012, under the provisions of Government order dated 06.05.1982, was initiated and was under process and a resolution was passed by the Committee of Management of the college on 23.12.2012 recommending the same stating that he was medically and mentally fit. However, admitted fact is that before attaining the age of superannuation or by the said date no order could be passed by the State Government for grant of such extension/expansion of service, which, under the Government order dated 06.05.1982 was not automatic, but, subject to satisfaction of pre-requisites and conditions mentioned in the said Government order as also the subsequent Government orders dated 04.12.1986, 23.10.1991, 27.06.1994 and 29.06.2004 and a consideration by a Committee for the said purpose. Nevertheless Sri. Singh continued to serve the college even after 02.01.2013 till 30.06.2013 and with effect from this date he was granted two years extension/expansion of service vide order dated 29.06.2013 in terms of aforesaid Government orders. Thereafter, another Government order dated 30.06.2015 was issued in pursuance to a Government order dated 30.09.2014 granting extension/expansion of service upto 65 years age subject to the limitations and conditions mentioned in the Government order dated 06.05.1982, 04.12.1986, 23.10.1991, 24.06.1994, 29.06.2004 and 30.09.2013.

5. In view of the above Sri. Singh continued to serve the college and attained the age of 65 years on 02.01.2016. In the interregnum, the Director, Secondary Education issued an order dated 31.12.2015 passed on the representation of Sri. Singh for grant of extension/expansion of service till the end of academic session, granting such extension/expansion till the end of academic session allegedly as per Rules considering paragraph 4 of the Government order dated 30.06.2015. Consequential order was issued by the District Inspector of Schools on 04.01.2016 in pursuance of which petitioner continuance on expansion/extension of service even after attaining the ate of 65 years.

6. This Government order was challenged by one Sri. R.P. Gupta claiming locus on the ground that it is only after Sri. Kedar Nath Singh demits the office his post will fall vacant for grant of promotional pay scale as the said benefit is limited to 20% posts of the said cadre and it is only then that he will become entitled to get the said promotional pay scale but on account of illegal extension/expansion of service this benefit admissible to him had been delayed and the petitioner had been deprived of the said benefit, therefore, being aggrieved he preferred the writ petition be