213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CWP-12195-2025 (O&M)

Date of Decision: 06.03.2026 Kiran Datta ....Petitioner(s)

Versus Union of India and Others ...Respondent(s)

And Sr. Case No. Petitioner(s) Respondent(s)

No.

2. CWP-24377-2023 Neelam Sharda @ Union of India and Others (O&M) Neelam Kumari

3. CWP-24918-2022 Punita Gupta Union of India and Others (O&M)

4. CWP-1171-2024 Sushil Kumari Union of India and Others (O&M)

5. CWP-26426-2024 Prabhjot Kaur Union of India and Others (O&M)

6. CWP-31701-2024 Hardeep Kaur Union of India and Others (O&M)

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Neeraj Sharma, Advocate and Dr. Ameena Upmanyu, Advocate for the petitioner(s) in CWP-12195-2025 CWP-24377-2023, CWP-1171-2024 and CWP-26426-2024 Ms. Sangita Dhanda, Advocate for the petitioner(s) in CWP-31701-2024 Mr. Vivek K. Thakur, Advocate for petitioner in CWP-24918-2022 Mr. Satya Pal Jain, A.S.G. (through V.C.) with Ms. Neha Sharma, Advocate (through V.C.) and Ms. Sangeeta Srivastava, Advocate for respondent-UOI in CWP-1171-2024 Mr. Anil Chawla, Senior Panel Counsel for respondent No.1 in CWP-31701-2024 Ms. Madhu Dayal, Advocate with Mr. Sukhmani Patwalia, Advocate and Mr. Abhishek K. Premi, Advocate for respondent-U.T in CWP-26426-2024, CWP-31701-2024 and CWP-12195-2025 Mr. Ankit Sharma, Advocate for Ms. Vaishali Thakur, Advocate for respondents No.6 and 7 in CWP-1171-2024 and for respondents No.5 and 6 in CWP-24918-2022.

JAGMOHAN BANSAL, J. (ORAL)

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-12195-2025.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of letter dated 02.04.2025 whereby her request for permission to continue till the age of

60 years has been rejected.

3. The petitioner at the time of filing writ petition was working as teacher with I.S. Dev Samaj Senior Secondary School, Sector 21, Chandigarh which is a privately managed Government Aided School. The petitioner claims that she should be allowed to remain in service till the age of 60 years because teachers of Government Schools in Chandigarh are allowed to remain in service till the age of 60 years. Prior to 2022, teachers of Government Schools of U.T. Administration were governed by Rules applicable to employees of State of Punjab. In the State of Punjab, age of superannuation of school teachers is 58 years. The U.T. Administration vide notification dated 29.03.2022 has notified Union Territory of Chandigarh (Conditions of Service) Rules, 2022. By said notification, the employees of U.T. Administration are made subject to Service Rules applicable to employees of Union of India. As per Rules of Union of India, age of superannuation of school teachers is 60 years.

4. The U.T. Administration vide letter dated 02.03.2023 requested Government of India, Ministry of Education to permit to extend age of superannuation of teachers of Government Aided Schools in U.T. Administration from 58 years to 60 years. Relevant extracts of letter dated 02.03.2023 read as:

“It is further submitted that the matter regarding enhancement of retirement age of all the employees of Privately Managed Govt. Aided Schools of UT, Chandigarh at par with the employees of Chandigarh Administration from 58 to 60 years needs concurrence of GOI. The matter regarding Draft Rules for the Chandigarh Privately Managed Govt. Aided Schools of UT Chandigarh is under process. After obtaining the approval of Competent Authority, the said draft Rules will also be forwarded to GOI for obtaining approval to notify the same. At present the employees of Privately Managed Govt. Aided Schools of UT Chandigarh retire from service on attaining the age of 58 years". If the retirement age is increased from 58 years to 60 years, then total financial implication involve