Court No. - 26 Case :- SERVICE SINGLE No. - 2954 of 2015
Petitioner :- Amar Bahadur Singh
Respondent :- State Of U.P. Thru Secy.Secondary Edu.Govt.Of U.P. Lko. &Ors
Counsel for Petitioner :- Manjive Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State.
By means of this writ petition, it has been prayed by the petitioner that appropriate direction be issued to the opposite parties not to retire the petitioner in the mid academic session. The date of birth of the petitioner is 20.07.1950. He attained the age of 62 years on 19.07.2012 and accordingly, he would have ordinarily retired on his attaining the age of 62 years on 19.07.2012, however, since he is a national awardee, in terms of the extant Government Order, he was granted extension of service for two years by means of a Government Order dated 14.06.2013, which has been annexed as annexure no.3 to the writ petition. Accordingly, he is to continue till he attains the age of 64 years i.e. till 19.07.2014. Since the retirement on attaining the age of 64 years falls in the mid session, he would be allowed to continue to work till the end of academic session.
It has been contended by the learned counsel for the petitioner that as per the subsequent Government Order dated 30.12.2014, the extension of service to the national awardees is to be given till they attain the age of 65 years and since the petitioner will attain the age of 65 years on 19.07.2015, as such, he should be made to retire on 31.03.2016.
Admittedly, extension of two years in service was granted to the petitioner by the State Government by means of the Government Order dated 14.06.2013. The provision for granting extension of service till a national awardee attains the age of 65 years has been made by means of issuing a Government Order dated 30.12.2014 which is subsequent to the order dated 14.06.2013 by which extension of two years of service was granted to the petitioner. The matter relating to grant of extension of service till the petitioner
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attains the age of 65 years has been recommended by the authorities as per annexure no.5 annexed to the writ petition, the final decision has yet not been taken.
Accordingly, without prejudice to the right of the petitioner to claim reliefs in terms of the prayer made in this writ petition, the writ petition is finally disposed of with the direction to the State Government to take a final decision in the matter of grant of extension in service to the petitioner till he attains the age of 65 years in terms of the Government Order dated 30.12.2014 taking into account the recommendations made for the said purpose by the authorities of the department concerned. The said decision shall be taken by the State Government within three weeks from the date of production of certified copy of this order. There will be no order as to costs.
Order Date :- 27.5.2015 akhilesh/-
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