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2004 DIGILAW 1627 (SC)

O. P. KAUSHAL v. State Of H. P.

2004-11-19

K.G.BALAKRISHNAN, TARUN CHATTERJEE

body2004
ORDER 1. LEAVE GRANTED. 2. HEARD BOTH SIDES. 3. THE APPELLANT HEREIN WAS A SENIOR LECTURER (DPE) IN GGDSD COLLEGE, BAIJNATH IN DISTRICT KANGRA (HIMACHAL PRADESH). AS PER THE DATE OF BIRTH OF THE APPELLANT, HE SHOULD HAVE RETIRED FROM SERVICE ON 31-7-2003. ACCORDING TO THE APPELLANT HE SHOULD HAVE BEEN ALLOWED TO CONTINUE IN SERVICE TILL THE END OF THE ACADEMIC SESSION OF 2003-2004 IN VIEW OF THE UNIVERSITY ORDINANCE, RULE 12 OF APPENDIX A OF PART I WHICH READS TO THE FOLLOWING EFFECT: "EVERY TEACHER SHALL RETIRE AT THE AGE OF SIXTY YEARS. HOWEVER, A TEACHER SHALL BE ALLOWED TO CONTINUE IN SERVICE TILL THE END OF SEMESTER OR ACADEMIC SESSION EVEN THOUGH HE MAY HAVE ATTAINED THE AGE OF SIXTY YEARS." IN THE COUNTER-AFFIDAVIT FILED BY RESPONDENTS 4 AND 5 IT IS SUBMITTED THAT THE ACADEMIC SESSION FOR THE YEAR 2003-2004 STARTED ON 14-7-2003 AND THE DATE OF RETIREMENT OF THE APPELLANT WAS ON 31-7-2003. RESPONDENTS 4 AND 5 SHOULD HAVE ALLOWED THE APPELLANT TO CONTINUE TILL THE ACADEMIC SESSION OF 2003-2004 IN VIEW OF RULE 12. THE DIVISION BENCH INTERPRETED THE RULE AS IF THE SAID TEACHER WOULD BE ALLOWED TO CONTINUE IF THE RETIREMENT WAS IN THE MIDDLE OF THE ACADEMIC SESSION AS THE INTENTION OF THE RULE WAS TO HELP THE STUDENTS AND THAT THEY MAY NOT SUFFER DUE TO ABSENCE OF TEACHERS. BUT THE RULE DOES NOT PROVIDE THAT ONLY IN THE CASE THE RETIREMENT OF A TEACHER IS DURING THE MIDDLE OF THE ACADEMIC SESSION THEN ONLY THE TEACHER WOULD BE ALLOWED TO CONTINUE IN SERVICE. THE RULE SAYS THAT IF THE RETIREMENT HAPPENS EVEN AFTER THE BEGINNING OF THE ACADEMIC SESSION THE TEACHER SHALL BE ALLOWED TO CONTINUE IN SERVICE TILL THE END OF THE ACADEMIC YEAR. 4. IN THAT VIEW OF THE MATTER, THE APPELLANT WAS ENTITLED TO CONTINUE IN A SERVICE AND THE RESPONDENTS SHOULD HAVE ALLOWED HIM TO CONTINUE IN SERVICE TILL THE END OF ACADEMIC SESSION 2003-2004 AND, THEREFORE, THE APPELLANT IS ENTITLED TO GET THE PECUNIARY BENEFITS THAT WOULD HAVE ACCRUED TO HIM HAD HE CONTINUED IN SERVICE. THE RESPONDENTS WILL WORK OUT THE PECUNIARY BENEFITS DUE TO THE APPELLANT AND THE SAME SHALL BE PAID TO THE APPELLANT WITHIN A PERIOD OF TWO MONTHS DEDUCTING THE PENSION, IF ANY, PAID TO HIM. THE APPEAL IS ALLOWED ACCORDINGLY.