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2020 Supreme(SC) 603

UDAY UMESH LALIT, S.RAVINDRA BHAT
NAVIN CHANDRA DHOUNDIYAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates Appeared:
For the Petitioner(s):Gaurav Gupta, Gaurav Goel, Advocates
For the Respondent(s):Vanshaja Shukla, Advocate

ORDER :

S. RAVINDRA BHAT, J.

1. Leave granted. The parties were heard finally in these appeals. The common question which arises for decision is as to the correct interpretation of a condition in the respondent-University’s statutes regarding the date of superannuation of its teachers.

2. All the appellants are working as Professors in various disciplines, in the respondent Kumaun University (hereafter “the University”). They are aggrieved by an office order dated 21.12.2019 which set out their respective dates of retirement (which were the last dates in the months they attained the age of superannuation, i.e. 65 years). The appellants relied on Statute No. 16.24 of the University, applicable to them, contending that they were entitled to continue beyond the last date of the month in which each of them attained the age of superannuation, till the “30th of June following” in terms of that provision. That statute reads as follows:

    "16.24 (1) The age of superannuation of a teacher of the University, whether governed by the new scale of pay or not shall be sixty-five years.

    (2) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of comme


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