NAVIN CHANDRA DHOUNDIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted. The parties were heard finally in these appeals. The common question which arises for decision is as to the correct interpretation of a condition in the respondent-University's statutes regarding the date of superannuation of its teachers.

(2.) All the appellants are working as Professors in various disciplines, in the respondent Kumaun University (hereafter "the University"). They are aggrieved by an office order dated 21.12.2019 which set out their respective dates of retirement (which were the last dates in the months they attained the age of superannuation, i.e. 65 years). The appellants relied on Statute No. 16.24 of the University, applicable to them, contending that they were entitled to continue beyond the last date of the month in which each of them attained the age of superannuation, till the "30th of June following" in terms of that provision. That statute reads as follows:

(3.) The appellants were aggrieved by the office order dated 21.12.2019 and approached the Uttarakhand High Court in writ proceedings. They argued that they were entitled to continue in service, on extension up to the end of June, 2021. They had relied on a previous judgment of the Division Bench of the High Court - Dr. Indu Singh vs. State of Uttarakhand, 2017 SCC Online 1527. In that judgment, the Division Bench had, on an interpretation of the relevant provisions (which were worded identically to Statute No. 16.24 as in this case) held that those who retire after 30th June are "entitled to continue till the end of the academic year". The Division Bench placed emphasis and importance on the legislative intent "to cater to the supreme need to not adversely affect the academic activities of the institution and to safeguard the interest of the students."