AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted. Arguments heard.

(2.) We feel that the petition under Article 226 of the Constitution filed by the petitioner does raise a question which deserved consideration by the High court on merits. The question is as to whether the final allocation of the services of the appellant to the Punjab School Education Board by order of the Syndicate on 17/11/1979 with retrospective effect from the year 1969 would deprive the appellant to avail the benefit of the revised age of superannuation of University Teachers which on the date of such allocation was 60 years. The High court could not have dismissed the writ petition in limine but dispose it by a reasoned judgment.

(3.) Accordingly, the appeal succeeds and is allowed. We set aside the judgment and order of the High court dismissing the writ petition summarily and direct the High court to decide the petition on merits after notice to the parties. The parties shall be at liberty to make suitable amendments to the pleadings, if any, and file such additional documents as they may be advised. The High court shall endeavour to dispose of the writ petition as expeditiously as possible and in any event, not later than four months from today.