- (1.)BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondents to extend the services of the petitioner as Primary Teacher for a further period of two years after the age of superannuation of the petitioner.
(2.)IT is the case on behalf of the petitioner that the petitioner was serving as Primary Teacher and was awarded "national Award to Teachers 2008" on 05/09/2009 by the Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, considering the valuable service and outstanding merit to the community as a Teacher. It is the case on behalf of the petitioner that in the month of October, 2009 the petitioner reaches the age of superannuation. It is the case on behalf of the petitioner that Government of India had issued some Circular on 30/06/1981 to extent that services of those who have got Annual Award to Teachers, 2008 for a further period of two years after the age of superannuation be considered and, therefore, the petitioner made representation on 08/09/2009 to the State Government and to the District Education Officer for extension of service for a further period of two years. However, the said representation has not been considered by the respondents and in the meantime the petitioner has attained the age of superannuation, which is in the month of October, 2009. Hence, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India for an appropriate writ, order or direction directing the respondents to extend the services of the petitioner as Primary Teacher for a further period of two years after the age of superannuation of the petitioner.
(3.)SHRI Bhavsar, learned advocate appearing on behalf of the petitioner has submitted that as per the circular of the Government of India dated 30/06/1981 all the State Government have been directed to extend the services of those teachers who have been awarded National Award for a further period of two years after the age of superannuation, and, therefore, the petitioner is entitled to the extension for a further period of two years after the age of superannuation, and, therefore, it is requested to allow the present Special Civil Application.