The eligibility for the teacher award is determined based on the date of application, not the date of the Selection Committee's consideration.

JUDGMENT

Ravindra Maithani, J. - Instant petition has been preferred by the petitioner claiming that he is eligible for consideration of "Shailesh Matiyani State Teacher Award, 2018" (for short "the award"), and related reliefs.

2. It is the case of the petitioner that he was appointed as a teacher in the year 1990. In the year 2018, he applied for the award. He was not granted the award and it was told that since he is on the extension of service, he is not eligible for consideration of the award. The petitioner filed a Writ Petition (S/S) No. 235 of 2021 (for short "the writ petition"). The writ petition was disposed of with the direction that the petitioner shall make a fresh representation to the authorities. The petitioner made a representation, which was rejected on 22.02.2021. This rejection order is impugned in this writ petition.

3. Heard learned counsel for the parties and perused the record.

4. A few facts are undisputed. Petitioner has already retired from service on 30.09.2020. He applied for the award of 2018 as per the directions of the competent authority in the year 2019. After retirement, the petitioner was given extension till the current educational session which ends on 30.03.2021. The candidature of the petitioner for the award has not been considered on the ground that since he is on the extension of service, therefore, he is not eligible for it.

5. Learned counsel for the petitioner would submit that the concerned Government Order does not make the petitioner ineligible for the award merely on the ground that he is on the extension of service. It is submitted that a Rohitashav Kunwar was given the award during the extension of his service.

6. On behalf of the State, it is submitted that in view of the Government Order No. 437/XXIV-4/2009 dated 20.10.2009 of the Education Department (for short "the Government Order dated 20.10.2009"), the petitioner is not eligible for the award because, according to clause 4 of it, reappointed teachers are not eligible for it.

7. The Court wanted to know from the learned State Counsel as to what is the eligibility date. When the award is given or when the applications are sought. To it, he would submit that he will have to examine the matter for ascertaining this fact.

8. Arguments have already been heard. The Court proceeds to adjudicate on this issue as well.

9. The Government Order dated 20.10.2009, which launches the Scheme for the award is Annexure-6 to the petition. The standard for selecting for the award is given at serial no. 3 to it. It gives various criteria. The criteria no. 1 is that in the previous calendar year, a teacher must have completed 15 years of service. Similarly, the criteria no. 2 says that till the preceding year, the Principals must have completed 20 years of service.

10. The words "preceding year" are very significant. Preceding year to what. It simply means the preceding year to the year when the application for the award is made. It may be noted here that the award is not given on the basis of assessment made by the Government, instead applications are invited to consider a person for the award. The Court will advert to this issue at a litter later.

11. Annexure No-1 is the communication made by the Director Education seeking applications for the award of 2018. It gives a calendar as to up till which date the applications are to be submitted; when they would physically be verified; when will reports be submitted; when the recommendation will be made from the District; when the Regional Selection Committee would sit and when will they finally decide it at the Regional Level. This date is 20.08.2019. For State Level Committee meeting the date is also given in this communication, which is 25.08.2020, and 28.08.2019 is the date when the proposals were to be sent by the Directorate to the Government. This communication of the Director Education was further communicated at Block Level by the Chief Education Officer, Uttarkashi by his communication dated 28