Chandi Prashad Sati v. District Education Officer

Sudhanshu Dhulia, J. (Oral):— Mr. Mangal Singh Chauhan, Advocate, present for the petitioner.

2. Mr. N.P Sah, learned Standing Counsel, present for the State/respondent nos. 1 to 4.

3. The petitioner was a teacher in a Government school. His last posting was of Lecturer in a Government Inter College, Gopeshwar, District Chamoli. When he reached the age of superannuation on 31.10.2011, prior to that date he sought permission from the authority concerned to continue till the end of Session i.e 31.03.2012 This permission was granted to him and he continued to teach as a Lecturer till 31.03.2012 By an interim order of this Court dated 12.03.2015, he was granted pension. However, the pension has not been fixed for the period of extended service i.e from 01.11.2011 to 31.03.2012 Hence, the present writ petition has been filed by the petitioner before this Court for re-fixation of his pension considering his entire period of service till 31.03.2012

4. However, the State Government is denying this benefit, as according to the State the petitioner was not working on extension of service but was given re-employment which is in terms of the Government Order dated 30.11.2007 and since the period from 01.11.2011 till 31.03.2012 is a period of re-employment and it cannot be counted for calculating his pension. The petitioner, however, relies upon subsequent Government Order dated 20.09.2011, which is in fact a modification of the earlier Government Order dated 30.11.2007 wherein it clearly stipulates that it is a supersession including Government Order dated 30.11.2007 and the persons who relies subsequent to this Order will be given extension of service till the end of the Session and not re-employment as was stipulated in the Government Order dated 30.11.2007

5. The State Government on the other hand claims that when the formal orders regarding the petitioner were passed, at the requisition made by the petitioner himself, this permission was granted to him on 03.08.2011 and this was done in terms of Government Order dated 30.11.2007 which speaks of only re-employment and hence petitioner cannot be given extension of service. This reply of the State Government cannot be accepted inasmuch as Government Order dated 20.09.2011 which came into effect before the petitioner reached the age of superannuation clearly stipulates this order is supersession of the Government Order dated 30.11.2007 Therefore, the service shall be governed by the Government Order dated 20.09.2011 and not by 31.11.2007 He shall be entitled for extension of service as being given to other employees subsequent to Government Order dated 20.09.2011

6. In view thereof, the writ petition succeeds. A mandamus is hereby issued to the respondents to re-fix the pension of the petitioner for the entire period of service including extension of service till 31.03.2012

7. Let the needful be done within a period of four weeks from the date of production of a certified copy of this order.