Teachers entitled to continue in service up to the age of 65 years based on the principle of no discrimination
Punjab and Haryana High Court Upholds Teacher's Right to Extended Service Until 65 Years. Teachers entitled to notional benefits but denied actual salary arrears; Chandigarh Administration directed to review requests for service extension beyond 65 years.
News Report:
In a landmark decision, the Punjab and Haryana High Court has upheld the Central Administrative Tribunal's order allowing teachers to continue in service until the age of 65. The ruling, delivered by the Division Bench of Justices Harsimran Singh Sethi and Vikas Suri, settles a long-standing dispute between the Chandigarh Administration and a group of teachers led by Anita Mahajan.
The court addressed two primary concerns: the right of teachers to continue working until 65 years, and the entitlement to salary arrears during the period they were relieved from service upon reaching 58 years. The court affirmed the tribunal's decision for continuity in service based on principles of equality and non-discrimination, referencing past judgments that established this precedent. However, it denied the teachers' claims for actual arrears, suggesting instead that notional benefits should be provided for continuity in service.
The teachers had previously retired at 58, rejoining after the tribunal's intervention. While they argued for full salary arrears during their absence, the court maintained that their entitlement was limited to notional salary fixation and increments, thereby ensuring financial equity without undue burden on the administration.
Moreover, the court directed the Chandigarh Administration to assess teachers' representations for service extension beyond 65 years, mandating a decision within eight weeks. The administration must provide clear reasons for either accepting or denying these requests, ensuring transparency and fairness.
This decision, while providing relief in terms of extended service, also underscores the judiciary's role in balancing individual rights with administrative constraints. It highlights the importance of equality among similarly situated employees, reinforcing principles of non-discrimination in employment.
Bottom Line:
Teachers entitled to continue in service up to the age of 65 years based on the principle of no discrimination between similarly situated employees - No actual arrears of salary granted for the period between retirement at 58 years and rejoining, but notional benefits allowed for continuity of service.
Statutory provision(s): Service Law, AICTE Regulations 2010/2019, 1992 Rules (Chandigarh Administration), UGC Regulations, Supreme Court Judgments (Jagdish Prasad Sharma v. State of Bihar, U.P. Jal Nigam v. Jaswant Singh)
Chandigarh Administration v. Anita Mahajan, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2781340
