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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Sandeep Sharma, J
Prabal Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
Being aggrieved and dissatisfied with the order dated 13.09.2024 (Annexure P-5), whereby petitioner has been ordered to be retired, on attaining the age of 58 years, petitioner has approached this Court in the instant proceedings, praying therein for the following main relief:
“I. That the impugned order at Annexure P-5 may very kindly be quashed and set aside to the extent the petitioner has been ordered to be retired at the age of 58 years and respondents may kindly be restrained from retiring the petitioner on 30.04.2025 on his attaining the age of 58 years and he may kindly be allowed to continue to work in terms of Rule 12 of the H.P. University Ordinance and H.P. University Handbook Part-II First Ordinance 1973, Appendix-A Chapter XXXVIII, para 38.5B(d) para 1 till his attaining the age of 60 years, in the interest of justice.
2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that petitioner after having passed M.A. Sanskrit and Hindi from Himachal Pradesh University, was appointed as Teacher in the subject of Sanskrit in Shree Maa Sanskrit Mahavidyalaya Jawalamukhi, District Kangra, H
Affiliation with a university mandates adherence to its ordinances, overriding prior bye-laws regarding retirement age for teachers.
Temporary instructional roles do not qualify for extended retirement age; petitioner entitled to standard age of superannuation of 62 years based on his substantive role as Assistant Engineer.
The age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
The central legal point established in the judgment is the interpretation of the retirement age for Persian teachers as per the notification, emphasizing the requirement of a show cause notice prior ....
The central legal point established in the judgment is that the age of superannuation for Principals and the requirement of a Ph.D. degree for continuation beyond the age of 62, as mandated by the UG....
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