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2016 DIGILAW 102 (UTT)

Committee of Management v. State of Uttarakhand

2016-03-02

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Joseph, J. 1. Appellant is the Committee of Management of Raja Mahendra Pratap Prem Vidhyalaya Inter College. The Appeal is lodged against the judgment of the learned Single Judge, by which the learned Single Judge, without issuing notice to the appellant, has disposed of the writ petition filed by a physical education teacher of the appellant’s School, who retired on 30th November, 2015 and directed that the Chief Education Officer will take a decision in regard to his claim for extension of service till the end of the academic session. 2. We heard the learned counsel for the appellant Sri Parikshit Saini, learned Additional Chief Standing Counsel for the State of Uttarakhand Sri A.K. Joshi and learned counsel for respondent no. 4 Sri I.P. Gairola. 3. Learned counsel for the appellant would first submit that the appellant was not even heard in the matter as the notices were not issued to it. He would submit that in terms of the Government Order dated 8th April, 2011, there are some conditions to be fulfilled by the teachers applying for extension of service. Those conditions are as follows:- “(1) The work and conduct of the concerned teacher/head master/principal during the service has been satisfactory and there is nothing adverse against him. (2) He is physically and mentally fit. (3) Actually, he teaches a subject regularly.” 4. According to the appellant, the writ petitioner did not fulfill the above conditions as he has not given any material to show that he is physically and mentally fit and that he is teaching a subject regularly. 5. Learned counsel for the writ petitioner Sri I.P. Gairola would dispute these contentions. The learned Additional Chief Standing Counsel would, on the other hand, submit that first the recommendation has to be made by the School Committee and it is thereafter that the decision has to be taken by the Chief Education Officer. 6. In such circumstances, we dispose of the Appeal as follows: Appellant will make its recommendation on the application of the writ petitioner to the Chief Education Officer, i.e. the third respondent within a period of one week from today and the third respondent will take a decision on the same in accordance with law within a period of one week thereafter. 7. Let a copy of this order be issued today itself.