Devendra Pal Singh Chauhan, J. - (1.) THE petitioner is an Assistant Teacher in a Government College. His age of superannuation was 8 -9 -1991. Relying on the Government Order dated 21 -2 -1984 (Annexure 1 to the petition), the petitioner, before attaining the age of superannuation, applied for allowing him to work for complete session and the matter was recommended by the Principal to the State Government, which remained pending before the State Government. In the meantime, the petitioner was allowed to continue to work as Assistant Teacher by the Principal of the College and discharge his duties as such as no Government Order in this regard was received. On 25 -9 -1991, the Principal wrote to the petitioner to hand over charge as he has completed his age of superannuation on 8 -9 -1991. This order is made subject matter of challenge in the present petition, which is sought to be quashed. A further prayer for issuance of a writ of mandamus commanding the respondent to continue in service till the end of the academic session, i.e. till 30 -6 -1992 is made.
(2.) THE case was taken up on 24 -3 -1992 on which date this court passed an order staying the operation of the impugned order. Subsequent to the passing of the order, learned standing counsel brought to my notice that official of the Department had come with the Government Order whereby the petitioner has been allowed to continue till 30 -6 -1992 and, therefore, the said order was not signed by me. The case was posted for 25 -3 -1992 on which date the case could not be taken up on account of reference The case was put up for today. Heard learned counsel for the petitioner and the learned standing counsel. A counter affidavit has been filed by the learned Standing Counsel annexing Government Order dated 20 -11 -1991, which shows that the petitioner has been allowed to continue till the completion of the sessions, i.e. till 30 -6 -1992. In view of this Government Order, the petition has become infructuous and has to be dismissed as such.
(3.) LEARNED counsel for the petitioner submits that the observation may be made that the petitioner would be deemed to have been in continuous service till 30 -6 -1992 with effect from the date of his superannuation. It goes without saying especially when the Government has allowed the petitioner to continue in service till 30 -6 -1962 and there is no question of any break. Learned counsel for the petitioner has further prayed for a direction for payment of salary. I do not think any direction is needed as the petitioner will be entitled to all the benefits including the salary. The writ petition is accordingly dismissed as having become infructuous. There will be no order as to costs.;