LAWS(P&H)-2013-2-126

RAM KUMAR SHASTRI Vs. STATE OF HARYANA

Decided On February 12, 2013
Ram Kumar Shastri Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The appellant herein was teacher working with S.D. High School, Jind. Normal age of retirement as stipulated in the rules is 58 years. However, there is a provision for retention of those teachers beyond the age of 58 years and upto the age of 62 years, in case these teachers are 'National State Awardees'. The petitioner falls in that category and because of this reason, he was allowed to continue upto the age of 62 years i.e. upto 31.12.1998. However, while computing his pension, services rendered upto the age of 58 years only has been taken into consideration. The writ petition filed by the appellant is dismissed on the ground that service from the year 1994 to 1998 was re-employment and not retention. Learned counsel for the appellant has relied upon sub clause (f) of XXX111.19 of Haryana Education Code (GRANTS-IN-AID), which provides for such retention beyond 58 years. It, however, categorically states that a specific resolution is to be passed by the Managing Committee of the School for retention or re-employment of such a teacher beyond the age of 58 years.

(2.) The appellant has brought on record the resolution of the Managing Committee vide which the appellant was given extension in service beyond the age of 58 years and was not re-employed. However, the question as to whether he was re-employed or was given extension beyond the age of 58 years and upto the age of 62 years is inconsequential in as much as the pension is governed by Pension and C.P.F. Rules (Schools) 2001. Learned counsel for the appellant concedes that the case of the appellant is covered by these Rules. Rule 8 of these Rules provides for the superannuation pension and reads as under:-

(3.) As per the aforesaid Rule, an employee is entitled to superannuation pension from the date he attains the age of 58 years. Note clarifies that the calculation of pensionary benefits is to be counted upto the age of 58 years irrespective of the extension in service beyond the age of superannuation.