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
- Whether Statute 16.24 permits continuation only until the retirement month ends or until the following June 30.
- Whether the High Court properly departed from established interpretations of equivalent provisions.
Provisions considered
- Statute 16.24, Kumaun University First StatutesConstrued the first proviso as an exception permitting re-employment until the following June 30 despite the general restriction on extension beyond superannuation. (¶¶ 2, 9, 14, 15)
Held
- Although superannuation occurs at 65 and the main provision bars extension, the proviso expressly excepts teachers whose superannuation does not fall on June 30. They continue until the following June 30 on re-employment, rather than merely until the end of the month of retirement. (¶¶ 9, 14, 15)
- The categorical interpretation of the equivalent norm in S.K. Rathi could not properly be dismissed as obiter. Its denial of continuation as acting principal did not detract from the recognised right to continue in the substantive teaching post. (¶¶ 10, 11)
- Continuation protects students from mid-session disruption and delay in filling vacancies. Established judicial interpretations of local statutes should not lightly be disturbed, particularly where parties have arranged their affairs on that understanding. The earlier decisions allowing continuation were correctly decided. (¶¶ 12, 13, 14)
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.