Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Superannuation /Retirement – Benefit of enhanced age of superannuation – Entitlement to |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Superannuation /Retirement – Benefit of enhanced age of superannuation – Entitlement to – Appellant was teacher in a 1OO% government aided private educational institution – He claimed entitlement to benefits of enhanced age of superannuation of 65 years (from 62 years) at par with his counterpart teachers serving in Government Colleges and Universities – Division Bench of High Court dismissed writ appeals filed by Appellant and others, relying upon an earlier decision of Full Bench of High Court wherein it was held that teachers serving in aided private educational institutions are not entitled to get benefit of enhanced age of superannuation of 65 years – However, subsequently the said Full Court decision of the High Court was set aside by Supreme Court in Dr. R.S. Sohane case – Further, in two subsequent decisions of High Court in Writ Appeals filed by similarly situated teachers, they were held entitled for superannuation with all consequential and monetary benefits including arrears of salaries and allowances of the intervening period between 62 and 65 years of age – On appeal, held: Submission of State that on principle of ‘no work no pay’ the teachers are not entitled to any monetary benefits for the intervening period between 62 and 65 years of age, cannot be accepted – Various orders passed by the High Court in similar facts and situation required to be considered – Appellant being a similarly situated teacher cannot be singled out – Appellant entitled to benefit of enhanced age of superannuation i.e., 65 years – He is entitled to all consequential and monetary benefits including arrears of salaries and etc., as if, he would have been continued up to the age of 65 years. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 461 |
Petitioner | Dr. Jacob Thudipara |
Respondent | The State Of Madhya Pradesh & Ors. |
SCR | [2022] 3 S.C.R. 68 |
Judgement Date | 2022-04-21 |
Case Number | 2974 |
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