Sunil Ambwani, J. - (1.) -Heard Sri Anil Bhushan for the Committee of Management, Indian Girls Inter College, Allahabad and Sri T. P. Singh senior counsel assisted by Sri Anupam Kumar for respondent Sri Maya Mukherjee. I have also heard learned standing counsel for other respondents.
(2.) SMT. Maya Mukherjee was a confirmed Principal of Indian Girls Inter College, Allahabad. She was conferred National Award for Teachers 1997, dated 5th September, 1998 by Department of Education, Ministry of Human Resources and Development, Government of India, in public recognition of valuable services to the community as a teacher of outstanding merit. She attained age of superannuation (60 years) on 23.7.2002. In terms of Regulation 21 of Chapter III of the Regulations made under U. P. Intermediate Education Act, 1921, she was given extension of service upto 30.6.2003, which is known as 'Sessions' benefit'. The Government Order dated 23.10.1991, with reference to the previous Government Orders dated 6.5.1982, 27.7.1983, 4.12.1986, 2.8.1984, 3.9.1985 and 10.5.1988 provide for two years extension of the service to those teachers/principals who have been awarded National/State Awards. A Committee constituted for this purpose considers each case on its merit, and recommends for extension of service. By Government Order dated 24.1.2003, a direction was issued that where the recommendations are forwarded to the State Government for extension of service of teachers (with Sessions' benefits) the medical and health certificate shall also be made available. This condition was also be made applicable to the National/State Award winning teachers/principals. The Committee of Management of the College submitted an information in prescribed proforma for extension of service of Smt. Maya Mukherjee. In column 5 of this proforma, it was stated that her work is not satisfactory and that the department has sent letters for taking disciplinary action against her. Inspite of objections raised by the Committee of Management, District Inspector of Schools made recommendations, for extension of her services to the Deputy Director of Education (Madhyamik). The Committee of Management by its resolution dated 11.4.2003 resolved that the service book of Smt. Maya Mukherjee was not made available by her. She did not produce the time table and the results of High School and Intermediate Examinations. The Committee found that her conduct and work was not satisfactory and that she has flouted departmental orders, which become source of litigation and payment of huge amount in future by the Government. The Committee of Management resolved not to recommend her name for extension of service. The State Government by its order dated 23.9.2003, almost two months and 23 days after her retirement issued a Government Order extending the services of Smt. Maya Mukherjee, Principal of Indian Girls Inter College, Allahabad for two years w.e.f. 1.7.2003, along with nine other teachers/principals. The Committee of Management has challenged this order in Writ Petition No. 50031/2003.
(3.) THE Committee of Management submitted a representation dated 7.1.2004 to the Secretary, Education as well as the District Inspector of Schools stating that as per the Government Order, Smt. Maya Mukherjee was required to fill up a bond. She has not complied with the conditions of extension of service and has not given undertaking as provided in the order, and that on the retirement of Smt. Maya Mukherjee, the Committee promoted Smt. Ishani Bhattacharya as Officiating Principal. THE Deputy Director of Education (Madhyamik-III) by her letter dated 30.1.2004 directed the Committee of Management to make payment to her Smt. Maya Mukherjee as Principal of the College, and to grant leave for the period she had not performed her duties. This order has been challenged by the Committee of Management of the Institution in Writ Petition No. 4997/2004. Sri Anil Bhushan, counsel for petitioner submits that respondent No. 5 cannot be given two benefits. She received the benefit of extension of service for about one year from 23.7.2002 to 30.6.2003, as session's benefits, and that having attained the age of superannuation on 23.7.2002 her services could not be extended on 23.9.2003, w.e.f. 1.7.2003. According to him, she could only be reappointed by Government Order dated 23.9.2003, and that in such case she will rank as junior most teacher in the college. He has relied upon judgment of Supreme Court in S. K. Rathi v. Prem Hari Sharma and others, 2003 (3) UPLBEC 2433. Sri Anil Bhushan also submits that while granting extension of service, the State Government must consider the recommendations of the Committee of Management of the College. There was a gap of about four years between the National Award and the superannuation during which period the performance of Smt. Maya Mukherjee deteriorated. She withheld her service record and thus the Committee was handicapped in submitting its report. In any case the Committee had resolved not to recommend her for extension of her services.;