Teachers Are Entitled To Continue Services As Re-Appointment - SC - Synopsis
Karandeep Singh 23 Nov 2020

Teachers Are Entitled To Continue Services As Re-Appointment - SC

In Navin Chandra Dhoundiyal and Ors. vs. State of Uttarakhand And Ors., Civil Appeal No. 3493/2020, a writ petition was filed before The Uttarakhand High Court by the professors (appellants) against the order of The Kumaun University (hereafte the University) (Respondent) dated 21.12.2019 in which they fix the date for retirement which was the end date of the month in which the teachers attains the age of superannuation (i.e.65 years).

In writ petition an issue was raised by the appellant contending Statute No. 16.24 of The University and relying upon the judgment of Dr. Indu Singh vs. State of Uttarakhand, 2017 SCC Online 1527 that they were entitled to continue the services beyond the fixed date till following June 30th, which was rejected by The High Court stating that it was merely provided in the Statute No. 16.24 that if the superannuation will not fall on 30th June, the teacher shall continue the service till end of the academic session and the same will be treated as re-employment. Also, whenever the superannuation of an employee falls within the month of June, his or her retirement would stand extended till the end of June of that particular month.

In appeal before The Supreme Court, it was argued by the learned council of appellant that Statute No. 16.24 only enables teachers to continue the service till the end of particular month and it is clearly understood that its assurance of re-employment to a superannuate teachers till the end of June was deceptive. Moreover, they should keep in mind that in case if teachers retired earlier, then students will face difficulties in absence of teacher, till the appointment of new. The learned council of appellant argued that the court should have different opinion from judgment of Dr. Indu’s case because in this case it was decided that the teachers are only entitled to continue the services for that particular month in which they attain superannuation age.

The Bench of Justice U.U. Lalit and Justice Ravindra Bhat set aside the orders of The High Court and held that appellants are entitled to continue the service till the end of the following June on re-employment basis. Adding that, if any of them has been superannuated, he or she shall be issued with the orders of reinstatement with full salary for the period they were out of employment, and allowed to continue the services till the following June on re-employment basis.

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