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RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
NAKLI SINGH – Appellant
Versus
HEMWATI NANDAN BAHUGUNA GARHWAL UNIVERSITY, SRINAGAR – Respondent
JUDGMENT
(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
The petitioner, Dr. Nakli Singh, has challenged his non-re-employment by the Hemwati Nandan Bahuguna Garhwal University (‘the University' for short), after his retirement from the said University. He is aggrieved by order dated 02.12.2020 whereby his representation to re-employ him on the post of Professor (Zoology) in the University has been rejected.
2. Briefly, the facts of the case are that, on 09.01.1980, the petitioner was appointed as a Lecturer in the said University. On 01.01.1986, he was promoted as the Senior Lecturer. Thereafter, he was promoted to the post of Reader. Subsequently, on 09.06.2001, he was promoted on the post of Professor in the Zoology Department. Since the petitioner was born on 03.12.1955, by office order dated 26.06.2020, the Registrar of the University informed the petitioner that he is due to retire on 31.12.2020. Since the petitioner was scheduled to retire in the middle of the academic year, on 25.11.2020, he submitted a representation wherein he prayed that the benefit of continuation of his services till 30.06.2021 should be granted to him. According to the petitioner, initially,
The main legal point established in the judgment is the binding nature of previous court decisions in similar cases, the finality of decisions made by the Hon’ble Division Bench and Co-ordinate Bench....
Teachers superannuating mid-academic session entitled to re-employment till June 30 under university statutes; provision applies universally; post-superannuation amendments prospective, cannot divest....
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.
The court established that statutes applicable to State Universities do not govern Central Universities, affecting teachers' rights to re-employment post-retirement.
The U.G.C. Regulations, 2018 prevail over U.G.C. guidelines, and the Vice Chancellor could have exercised power under Section 7-C(5) to address the situation.
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Education Law - Employment and Re-Employment - Age of Retirement - Proviso to Statute 16.24 (2) carves out an exception to the main provision, inasmuch as it provides that a teacher whose date of sup....
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
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