HC vacates interim order on service extension; PU teachers to retire at 60

The division bench of HC was hearing a bunch of appeals filed by teachers against the order of a single bench, which dismissed their plea seeking enhancement of retirement age of PU faculty from 60 to 65 years.

The division bench of Justices G S Sandhawalia and Jagmohan Bansal held that there is an interim order dated August 22, 2016, wherein it was noticed that in the event of bulk retirement, under the orders of the learned Single Judge, the teaching faculties were working beyond the age of 60 years.

It is noticed that the said interim order is for six years. All teachers who are retiring now are filing writ petitions before this court and getting interim orders to continue working till 65 years.

The HC perused an affidavit of the university, as per which 61 teachers have attained the age of 65 years and have superannuated at that age on account of interim orders passed by this court.

The bench said it is, thus, apparent that on account of interim orders, the writ petitioners/appellants have benefited and continued in service. “We are faced with a further set of litigation which is getting tagged along with the present cases. Stay is accordingly vacated keeping in view the principles of law laid down by the three-judge bench of the Supreme Court.”

“The currency of the litigation to protect the appellants has run out, since they have completed five years of extra service either on extension or on re-employment. Accordingly, ‘all interim orders’ passed are vacated. It is also made clear that there shall be no recovery from the appellants during the pendency of the appeals,” read the order.