WPSB/252/2023
2023 Latest Caselaw 1700 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (S/B) NO. 252 OF 2023
                               21ST JUNE, 2023
BETWEEN:
Pushpa Joshi                                                   .....Petitioner.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioner : Mr. Vikas Bahuguna, learned counsel.

Counsel for the State : Mr. Amarendra Pratap Singh, learned Additional Advocate General.

Counsel for the Respondent Nos.2 & 3 : Ms. Mamta Bisht, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents.

2. The petitioner has preferred the present writ

petition to assail the order dated 03.11.2022, passed by

respondent no.2, by which respondent no.2 has fixed the date

of petitioner's superannuation as 31.12.2023.

3. The case of the petitioner is that her date of birth is

01.01.1959. She will attain the age of superannuation, i.e. 65

years, on 31.12.2023. She claims that she is entitled to

session end benefit in terms of the Statute 16.24 of the

Kumaon University, which states that a teacher whose date of

superannuation does not fall on June 30, shall continue in

service till the end of academic session, that is June 30

following, and will be treated as on re-employment from the

date immediately following his superannuation till June, 30

following. The petitioner, therefore, claims that she is entitled

to continue on re-employment till 30.06.2024.

4. The petitioner has placed on record the judgment

of the Supreme Court in Navin Chandra Dhoundiyal vs.

State of Uttarakhand & others, Civil Appeal No.3493 of

2020, decided on 16.10.2020. The petitioner has also placed

on record the judgment rendered by us in Writ Petition (S/B)

No.218 of 2023, "Harish Chandra Chandola vs. State of

Uttarakhand & others", decided on 26.05.2023, wherein

we have followed the aforesaid judgment of the Supreme

Court, and granted relief to the petitioner in similar

circumstances.

5. Learned counsels for the respondents, in the

aforesaid light, do not dispute the claim made in this writ

petition.

6. Accordingly, we allow this petition and quash the

impugned order dated 03.11.2022.

7. We may observe that the order of the Government

dated 15.10.2012, relied upon in the impugned order, merely

speaks about the raising of age of superannuation from 60

years to 65 years of respective teaches involved in class room

teaching. It has no bearing on the issue raised in this petition.

8. According, we hold that the petitioner shall be

entitled to be re-employed upon attaining the age of 65 years

on 31.12.2023, and she shall continue to serve till

30.06.2024.

9. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 21st June, 2023 NISHANT