Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Appellants were working as Professors in variousdisciplines in the respondent Kumaun University – They wereaggrieved by office order dated 21.12.2019 which set out theirrespective dates of retirement (which were the last dates in the monthsthey attained the age of superannuation) – Appellants placedreliance on Statute no.16.24 of the University, applicable to themcontending that they were entitled to continue beyond the last dateof month in which each of them attained the age of superannuationtill the “30 th of June following” in terms of that provision – Held:On a plain interpretation of Statute No. 16.24, including the proviso,it is clearly apparent that firstly each teacher attains the age ofsuperannuation on completing 65 years {Statute No. 16.24 (1)} –Secondly, no teacher who attains the age of superannuation has aright or entitlement to re-employment; in fact, the opening expression“No teacher” appears to rule out re-employment of superannuatedteachers {Statute No. 16.24 (2)} – Thirdly, and importantly theproviso {to Statute 16.24 (2)} carves out an exception to the mainprovision, inasmuch as it provides that a teacher whose “date ofsuperannuation does not fall on June 30, shall continue in servicetill the end of the academic session, that is June 30, following andwill be treated as on re-employment from the date immediatelyfollowing his superannuation till June, 30, following.” – The veryobject and intent of the proviso to Statute No.16.24 is to avoid thedisruption caused by discontinuity of service of a teaching staffemployee or official mid-session – Therefore, the view in *Indu Singhcase, dealing with an identical statute, was correctly interpreted –Appellants are entitled, consequently, to continue till the end of thefollowing June on re-employment – If any of them has beensuperannuated, he or she shall be reinstated, with full salary forthe period they were out of employment, and allowed to continuetill the following June, on re-employment basis. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2020 INSC 604 |
Petitioner | Navin Chandra Dhoundiyal |
Respondent | State Of Uttarakhand And Ors. |
SCR | [2020] 7 S.C.R. 572 |
Judgement Date | 2020-10-16 |
Case Number | 3493 |
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