Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, ALOK MAHRA
Nagendra Prasad Sharma – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of superannuation order for re-employment benefit. (Para 1 , 2) |
| 2. teachers retiring mid-session entitled to re-employment till june 30. (Para 3 , 4 , 6) |
| 3. provision limited to pre-1975 teachers and deleted by 2025 amendment. (Para 5) |
| 4. petitioner is teacher; statute requires continuation; amendment not retrospective. (Para 7 , 8 , 9) |
| 5. order illegal; re-employment granted till end of academic session. (Para 10 , 11) |
JUDGMENT :
1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned order dated 28.05.2024 passed by respondent no.3, whereby the date of superannuation of the petitioner has been fixed as 31.01.2025. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to grant the benefit of re-employment till the end of the academic session, i.e., 30.06.2025, in terms of paragraph 16.24 of the First Statute of Kumaun University.
2. Brief facts, as borne out from the record, are that the petitioner is presently working as Assistant Professor, Physical Education Departme
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 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 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, ....
University teachers' retirement age is governed by specific statutes, distinct from state-maintained institutions, establishing a compulsory retirement age of 58.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
