SONIA DUDEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein is working as a Hindi Mistress with respondent No. 6 i.e. DAV Senior Secondary School, Sector - 8 Chandigarh, which is a Government Aided School. The petitioner is averred to attain the age of 58 years, on 31/12/2023. She is aggrieved against her proposed retirement at the age of 58 years, despite the fact that all the teaching and non teaching staff, thus working in the Government Schools of U.T., Chandigarh, are permitted to serve till the age of 60 years, given the superannuation age rather standing enhanced to 60 years, owing to the adoption/applicability vide notification dtd. 29/3/2022 of the Central Pattern of Rules in U.T. Chandigarh.

(2.) In the writ petition (supra), a challenge has been also made to notification dtd. 23/5/2018 (Annexure P-11). The said challenge is grooved in the factum, that it denies the apposite parity to the petitioner, who is serving in a private educational institution but aided by the Union of India, thereby it creates an invidious discrimination with the petitioner's counterparts, rather serving in Government Schools, in respect of whom rather a beneficial notification (supra) became issued.

(3.) Furthermore, a prayer is also made for the quashing and setting aside of the communication dtd. 8/8/2022 (Annexure P-10), as, issued by the Chandigarh Administration, whereby the request of the co-respondent No. 6 - D.A.V. Senior Secondary School (Lahore) Sector 8- C, Chandigarh, seeking guidance with regard to retirement age, in the grant-in-aid schools, has been rejected, thus, in complete transgression of the Union Territory of Chandigarh Employees (Conditions of Service) Rules, 2022 (Annexure P-9).