VidhiSangh

Supreme Court of India · 16/10/2020

NAVIN CHANDRA DHOUNDIYAL versus STATE OF UTTARAKHAND AND ORS.

[2020] 7 S.C.R. 572 · 2020 INSC 604

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Summary

Kumaun University teachers whose superannuation does not fall on June 30 are entitled under Statute 16.24 to continue on re-employment until the following June 30. The proviso protects students against disruption during the academic session and is not confined to extending service to the end of the retirement month. The Court set aside the contrary High Court decision and directed reinstatement with full salary where necessary.

Issues

  1. Whether Statute 16.24 permits continuation only until the retirement month ends or until the following June 30.
  2. Whether the High Court properly departed from established interpretations of equivalent provisions.

Provisions considered

Held

Result

Appeals allowed without costs. Impugned High Court judgment and orders set aside. Appellants entitled to re-employment until the following June; any already superannuated must be reinstated with full salary for the period out of employment and allowed to continue accordingly.

Judgment PDF: Supreme Court of India, [2020] 7 S.C.R. 572.