DR SHIV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioners retired as Readers, Lecturer/Associate Professor/Associate Professor/Reader. They claimed that their age of retirement should be 65 years while the claim of the State Government was that the age of retirement is 62 years. Matter went upto the Apex Court. In Civil Appeal Nos. 5527-5543 of 2013, Jagdish Prasad Sharma etc. v. State of Bihar and others and in other connected appeals arising from the State of U.P., the Apex Court vide order dated 17.7.2013 has held that the age of retirement is 62 years and the claim of the petitioners that the age of retirement should be 65 years has been rejected. Before the Apex Court, it was also contended that some of the teachers, Professors, Readers etc. worked on the basis of the interim order after 62 years and, therefore, they are also entitled for the benefit of service. In respect of such claim, the Apex Court observed that "However, persons, who have continued to work on the basis of the interim orders passed by this Court or any other Court, shall not be denied the benefit of service during the said period."

(2.) Learned counsel for the petitioners submitted that since the petitioners worked after the age of 62 years on the basis of the interim order thus are entitled for the salary for the period during which they have worked in view of the aforesaid directions of the Apex Court.

(3.) Learned Standing Counsel submitted that in view of the direction of the Apex Court, the petitioners are entitled for the salary for the period during which they worked in view of the interim order of the Apex Court but their post retiral benefits will be calculated on the basis of the salary drawn by the petitioners on the date when they have been superannuated after attaining the age of 62 years.