ASHA SAXENA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner seeks the following reliefs:

(2.) By order dated 31.12.2008, Government of India brought out a Scheme providing for certain benefits to the employees. It was, essentially, meant to apply to the employees of the Central Universities. Petitioner was working as Associate Professor in a Government College in the State of Uttarakhand. Going by the criterion of attaining 60 years, petitioner was due to retire in the year 2011. Petitioner stood retired with effect from the date she attained 60 years. Petitioner made reference to a judgment of this Court, wherein a Bench of this Court took the view that, if the Scheme propounded under order dated 31.12.2008 is to be implemented, it has to be implemented as a composite scheme and as a whole. Against the said judgment, there were appeals carried to the Hon'ble Apex Court. Petitioner also filed a writ petition under Article 32 of the Constitution of India before the Supreme Court. There were transfer petitions also. All the cases came to be considered and decided by the judgment of the Hon'ble Apex Court rendered in the case of Jagdish Prasad Sharma & others vs. State of Bihar & others, 2013 8 SCC 633. It is, at this juncture, necessary to refer to paragraph 80 of the said judgment, which reads as follows:

(3.) We have heard Mr. Praveen Kumar Rai, learned counsel for the petitioner and Mr. Anil Kumar Joshi, learned Additional Chief Standing Counsel for the State.