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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
S. P. Mittal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Manoj Kumar Tiwari, J.)
1. DAV (PG) College, Dehradun (from hereinafter referred to as ‘College’) is a privately managed Postgraduate College, fully funded by the State Government, which is affiliated to H.N.B. Garhwal Central University. Petitioners served as Teacher in the said College and retired from service during Academic Session 2017-18, upon completing of 65 years of age.
2. Petitioners have challenged letter dated 03.07.2018 issued by Director, Higher Education to Principal, DAV (PG) College, which was issued in reply to Principal’s letter dated 23.06.2018, whereby guidance was sought from Directorate in the matter of extension in service to Teachers, who complete age of superannuation during mid academic session. By the said letter, Principal of the concerned College was informed that Government Order dated 15.10.2012, providing for increase in retirement age of Teachers from 60 to 65 years, do not provide for any extension of service beyond 65 years. Reference was also made in the said letter, to another Government order dated 18.06.2005, which provides that all monetary benefits shall be paid to University Teachers immediately after their retirement, upon c
University teachers' retirement age is governed by specific statutes, distinct from state-maintained institutions, establishing a compulsory retirement age of 58.
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 teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
Court cannot exercise power akin to Article 142 of the Constitution of India in the face of the express provisions and in violation of the law.
The definition of 'Teacher' under the U.P. Act includes those recognized as such, entitling them to superannuation benefits.
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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