VidhiSangh

Supreme Court of India · 21/01/2020

CHANDRA MOHAN VARMA versus STATE OF UTTAR PRADESH & ORS.

[2020] 1 S.C.R. 1158 · 2020 INSC 70

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Summary

The Supreme Court denied a medical professor the benefit of Uttar Pradesh’s later increase in retirement age because he had already superannuated and was continuing only under a conditional session-ending extension. That extension did not postpone retirement. The Court nevertheless rejected the High Court’s conclusion that the retirement-age notification itself was ultra vires: it was a special order permitted by the service rules. The appeals were dismissed and terminal benefits directed to be released within two months of receipt of the certified order.

Issues

  1. Whether a professor continuing on a session-ending extension after retirement could claim the subsequent prospective increase in retirement age from 60 to 65.

Provisions considered

Held

Result

Appeals dismissed without costs; terminal benefits to be computed and released within two months of receipt of a certified copy of the order. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 1158.