DR. MAHENDRA KUMAR CHHABRA Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to permit him to continue upto the age of 65 years with consequential benefits at par with teachers in LPA No.1505 of 2016.

(2.) The petitioner joined Punjab University as Assistant Professor on temporary basis. As per normal rule, the petitioner like other teachers was supposed to demit office on attaining the age of 60 years. A number of teachers have approached this Court and there are interim orders in their favour permitting them to continue till the age of 65 years. There is no case where this Court has granted said protection to a temporary teacher. The petitioner filed instant petition relying upon orders passed in LPA No.1505 of 2016 and LPA No.1531 of 2016. A Coordinate Bench of this Court vide order dtd. 3/5/2024 directed the respondent to permit the petitioner to LPAs. The respondent filed reply wherein categoric objection with respect to entitlement of the petitioner to remain in service beyond the age of 60 years was raised. The respondent pointed out that petitioner has wrongly placed reliance upon orders passed in aforesaid LPAs because petitioner is a temporary employee whereas appellants in aforesaid LPAs are regular employees. This Court vide order dtd. 9/7/2024 vacated interim order dtd. 3/5/2024 passed in favour of the petitioner. The operative portion of order dtd. 9/7/2024 reads as: -

(3.) Learned counsel for the petitioner submits that petitioner may not be entitled to benefit of interim orders as passed in favour of regular employees, however, he cannot be denied salary for the period he worked. The petitioner has worked till July' 2024 whereas he has been paid till March' 2024. He is entitled to salary for the period from April' 2024 to July' 2024 (16/7/2024). He is also entitled to gratuity and leave encashment.