Himachal Pradesh High Court
Veena Kumari vs State Of H.P. And Others on 5 August, 2021
Bench: Ravi Malimath, Justice, Jyotsna Rewal Dua
1
HIGH COURT OF HIMACHAL PRADESH, SHIMLA
C.W.P. No. 1635 of 2019
Date of decision: 05.08.2021
.
Veena Kumari ...Petitioner
Versus
State of H.P. and others ...Respondents
____________________________________________________
Coram:
The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice
Whether approved for reporting1 :
r to
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
For the Petitioner(s): S/Shri Bhuvnesh Sharma and Ramakant
Sharma, Advocates.
For the Respondents: Mr. Ashok Sharma, Advocate General,
with Mr. Ranjan Sharma, Mr. Vikas
Rathore Ms.Ritta Goswami, Additional
Advocates General and Ms. Seema
Sharma, Deputy Advocate General, for
the State
Mr. K.D.Sood, Senior Advocate, with Mr.
Sukrit Sood, Advocate, for respondents
No. 2, 4 and 5.
Through Video Conference
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Jyotsna Rewal Dua,J.
On the strength of the rules "Relating to the
Teachers of Non Government Affiliated Colleges", the petitioner
Whether Reporters of local newspaper are permitted to see the judgment ?
prays that she be allowed to continue to work till her attaining the
age of 60 years and at the end of the academic session on
30.06.2022.
.
2. The petitioner was appointed as Sahitya Acharya in
Sanskrit Vidayalaya Jawalamukhi on 21.07.2005 in respondent
No.2 institution. This institution is affiliated to H.P. University,
Shimla as Shree Maa Sanskrit Mahavidyalaya, Jawalamukhi. The
service condition of its teachers are governed by H.P. University
Ordinances. Appendix A Chapter XXXVIII Paragraph 38.5 B(d) of
the Ordinances contains the rules relating to the teachers of Non
Government Affiliated Colleges. Rule 12 of these Rules reads as
under :-
"12. Every teacher shall retire at the age of 60 years.
However, a teacher shall be allowed to continue in service
till the end of the semester or the academic session even
though he may have attained the age of 60 years."
3. Learned counsel for the petitioner contends that
respondent No.2 institution is affiliated to the H.P. University,
therefore, the petitioner should be allowed to continue in service
till she attains the age of 60 years and also till the end of the
academic session. The petitioner's date of birth is 29.08.1961.
She will attain the age of 60 years on 28.08.2021. Her due date of
retirement at the end of academic session in accordance with
above extracted rule 12 will be 30.06.2022.
4. The factual situation has not been disputed by Mr.
.
K.D. Sood, learned Senior Advocate, appearing on behalf of
respondents No. 2, 4 and 5. He has also not disputed the fact
that respondent No.2 educational institution at present is affiliated
with the respondent University. That being the position, the rules
relating to the teachers of Non Government Affiliated Colleges as
contained in Appendix A of the H.P. University Ordinance
become applicable to the petitioner. She, therefore, is entitled to
continue to service till she attains the age of 60 years
(28.08.2021) and till the end of academic session which statedly
will be over on 30.06.2022. This position of law has already been
reiterated in CWP No. 2209 of 2009, titled Dr. Devender Nath
Kashyap Versus Baba Balak Nath Temple Trust and others,
decided on 27.09.2011 and followed in CWP No. 4312 of 2012
Rattneshwar Jha, Versus Shri Shakti Sanskrit Mahavidyalaya,
Shri Naina Devi Ji and others and 4313 of 2012 titled Dr. Karam
Singh Rana, Versus Baba Balak Nath Temple Trust, Deothsidh
and others as well as in LPA No. 45 of 2013 titled Baba Balak
Nath Temple Trust Vs. Karam Singh Rana and LPA No. 51 of
2013 titled Shri Shakti Sanskrit Mahavidyalaya Vs. Rattneshwar
Jha.
The case of the petitioner is covered by the aforesaid
decisions. Accordingly, the writ petition is allowed. The
respondents are directed to permit the petitioner to continue to
.
work in the respondent No.2 institution till 30.06.2022 when the
current academic session would come to an end. Pending
applications, if any, also stand disposed of.
r to ( Ravi Malimath )
Acting Chief Justice
5th August, 2021 (K) ( Jyotsna Rewal Dua )
Judge
