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2024 DIGILAW 7 (UTT)

Vinod Prasad Uniyal v. State of Uttarakhand

2024-01-03

PANKAJ PUROHIT

body2024
JUDGMENT : Pankaj Purohit, J. Petitioner has sought the indulgence of this Court for a direction to the respondents to grant extension of service of the petitioner till completion of the academic session which is coming to an end on 31st March, 2024. 2. Heard learned counsel for the parties. 3. It is the case of the petitioner that petitioner is presently working as Assistant Teacher, L.T. Grade (English) in Intermediate College, Balawala, which is a recognized grant-in-aid Institution. The date of superannuation of the petitioner is 31.12.2023 and according to the Government Orders, petitioner is entitled to get the extension of his services till the end of the academic session i.e. 2023-2024, which would come to an end on 31.03.2024. For the said purpose, an application was moved by the petitioner on 30.05.2023 to the competent authority along with a medical certificate (Fitness Certificate) dated 30.05.2023. But, the said application of the petitioner for extension of his services to the end of the academic session was not forwarded by the Manager of the Intermediate College, Balawala on the ground that the said application has not been moved in accordance with the Government Order No.376/XXIV-2/12/09(11)/2008 dated 01.06.2012. According to the said Government Order, the application for seeking the benefit of the extension till the end of academic session should have been moved by the petitioner on or before 31.03.2023. 4. The para 2 of the aforesaid Government Order is quoted hereinbelow:- services to the end of the academic session was not forwarded by the Manager of the Intermediate College, Balawala on the ground that the said application has not been moved in accordance with the Government Order No.376/XXIV-2/12/09(11)/2008 dated 01.06.2012. According to the said Government Order, the application for seeking the benefit of the extension till the end of academic session should have been moved by the petitioner on or before 31.03.2023. 4. The para 2 of the aforesaid Government Order is quoted hereinbelow:- 5. Admittedly, the application moved by the petitioner is subsequent to 31.03.2023 i.e. on 30.05.2023, therefore, petitioner is not entitled to get the extension of his services till the end of academic session 2024 which will come to an end on 31.03.2024. 6. 4. The para 2 of the aforesaid Government Order is quoted hereinbelow:- 5. Admittedly, the application moved by the petitioner is subsequent to 31.03.2023 i.e. on 30.05.2023, therefore, petitioner is not entitled to get the extension of his services till the end of academic session 2024 which will come to an end on 31.03.2024. 6. Petitioner has not challenged the aforesaid Government Order, therefore, this Court does not find any case in favour of the petitioner for a direction to the respondents to consider his case for extension of his service till the end of the academic session. Accordingly, the writ petition deserves to be dismissed and is hereby dismissed in-limine.