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Punjab-Haryana High Court
Kiran Datta vs Union Of India And Others on 6 March, 2026
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.
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CWP-24377-2023 (O&M) and other connected cases -2-
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
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CWP-24377-2023 (O&M) and other connected cases -3-
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 involved is Rs. 1.90 crore (approx.) for the
employees retiring/retired between 30.04.2022 to
31.03.2024.
In view of the position explained above, it is requested to
grant approval to enhance the retirement age of teaching
and non-teaching employees of 7 Govt. Aided Schools in
UT, Chandigarh from 58 years to 60 years w.e.f.
01.04.2022 at the earliest possible.
This issued with the approval of Hon'ble Administrator,
UT, Chandigarh."
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5. On 30.01.2022, in CWP No.24377 of 2023, the Union of
India was directed to explain steps and the proceedings taken/conducted
after receipt of the proposal from the U.T. Administration.
6. Learned counsel for respondents-Union of India submit that
they have not received complete proposal from U.T. Administration. The
Education Department has referred its proposal to Department of
Personnel, U.T. Administration. The Union of India would be able to take
decision after receipt of proposal from U.T. Administration.
7. Learned counsel for respondents-U.T. Administration are
claiming that U.T. Administration has already forwarded its proposal to
Union of India.
8. The U.T. Administration despite taking conscious decision is
unable to enhance retirement age of Teachers of Government Aided
Private Schools on account of lack of decision of Union of India and
Union of India is claiming that they have not received complete proposal
and matter is still pending with U.T. Administration.
9. Be that as it may, the matter needs to be resolved. The Union
of India and U.T. Administration cannot deflect from their responsibility.
They cannot shift burden on each other. They are bound to take conscious
decision because absence of decision is leaving petitioners in dilemma.
By writing letter dated 02.03.2023, the respondent-U.T. Administration
has created expectation in the minds of petitioners. There is urgent need
to take final decision one or another way. Accordingly, U.T.
Administration is directed to send its proposal, if not already sent, within
one month from today to Union of India. The Competent Authority of
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Union of India shall take final decision one or another way within three
months from the date of receipt of proposal from U.T. Administration.
The Authorities shall keep in mind that U.T. Administration has initiated
proposal in March' 2023 and a period of more than three years has
already passed away.
10. Disposed of.
11. Pending application(s), if any, shall also stand disposed of.
(JAGMOHAN BANSAL)
JUDGE
06.03.2026
Prince Chawla
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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