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SURESHWAR THAKUR, SUDEEPTI SHARMA
Sonia Dudeja – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SURESHWAR THAKUR, J.
Factual Background
1. The petitioner herein is working as a Hindi Mistress with respondent No. 6 i.e. DAV Senior Secondary School, Sector-8 Chandigarh, which is a Government Aided School. The petitioner is averred to attain the age of 58 years, on 31.12.2023. She is aggrieved against her proposed retirement at the age of 58 years, despite the fact that all the teaching and non teaching staff, thus working in the Government Schools of U.T., Chandigarh, are permitted to serve till the age of 60 years, given the superannuation age rather standing enhanced to 60 years, owing to the adoption/applicability vide notification dated 29.03.2022 of the Central Pattern of Rules in U.T. Chandigarh.
2. In the writ petition (supra), a challenge has been also made to notification dated 23.05.2018 (Annexure P-11). The said challenge is grooved in the factum, that it denies the apposite parity to the petitioner, who is serving in a private educational institution but aided by the Union of India, thereby it creates an invidious discrimination with the petitioner's counterparts, rather serving in Government Schools, in respect of whom rather a beneficial notification (supra
The distinction between Government and privately managed schools is a reasonable and valid classification, and the Punjab Act and Central Service Rules govern the service conditions of teaching facul....
The main legal point established in the judgment is the applicability of Punjab University Calendar Regulations in determining the age of superannuation for teachers in privately managed colleges, an....
UGC Regulations prescribing superannuation at 62 years for college teachers not binding on State Government employees unless expressly adopted by State via service rule amendments.
AICTE regulations mandating a retirement age of 65 for faculty are statutory and binding on all institutions, including private ones.
The court established that a Senior Research Officer is classified as a Teacher under the university's statutes, entitled to benefits of extended service age.
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