VASDEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 23rd May, 2006, the Governor of Punjab promulgated the Punjab School Teachers Re-employment Ordinance, 2006 (Punjab Ordinance No.2 of 2006), which stated that to prevent disruption of studies of students in the schools on account of retirement of teachers on attaining the age of superannuation in the midst of the academic session, all such teachers working in the State of Punjab who would otherwise have retired from service on completion of fifty eight years of normal age of superannuation on any day falling between 1st April of the year and the last day of the month of February of the succeeding year shall, except in case of otherwise voluntary option, continue in service and shall be deemed to be re-employed after the date of superannuation upto the 31st day of the following month of March. Later-on, vide Notification (Annexure P-1) this Ordinance was made an Act. It is also the stand of the State Government that thereafter vide Notification (Annexure R-1) dated 11th October, 2006, the Ordinance was repealed.

(2.) Case of the petitioner is that he retired on 30th April, 2006, therefore, he should have been allowed to continue in service till 31st March, 2007.

(3.) In the present petition, a prayer has been made that the petitioner should be allowed to continue in service and be awarded reemployment upto 31st March, 2007 in terms of the Ordinance (Annexure P-1).