As per case facts, Chandigarh Administration challenged a CAT Order allowing teachers to continue service until 65 years, based on "Dr. Jogender Pal Singh's case." Teachers, who retired at 58 ...
208+207+114+115+116
IN THE HIGH C
208
1.
CHANDIGARH ADMINISTRATION
ANITA MAHAJAN AND OTHERS
2.
CHANDIGARH ADMINISTRATION
DR. ABHA SUDARSHAN AND ORS
3.
CHANDIGARH ADMINISTRATION
MRS ANITA BERRY
4.
CHANDIGARH ADMINISTRATION
JAGANNAT
207+114+115+116
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision : 29
CWP- 15912
CHANDIGARH ADMINISTRATION
VERSUS
ANITA MAHAJAN AND OTHERS
CWP- 13268
CHANDIGARH ADMINISTRATION
VERSUS
ABHA SUDARSHAN AND ORS
CM- 11215
CM- 11217
CWP-10678
CHANDIGARH ADMINISTRATION
VERSUS
MRS ANITA BERRY
CWP- 19869
CHANDIGARH ADMINISTRATION
VERSUS
JAGANNATH AND ORS.
OURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision : 29-08-2025
15912-2024 (O&M)
........Petitioner(s)
VERSUS
........Respondent(s)
13268-2023 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
........Respondent(s)
11215-CWP-2023 and
11217-CWP-2023 in/and
0678-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
........Respondent(s)
19869-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
........Respondent(s)
........Petitioner(s)
......Respondent(s)
........Petitioner(s)
........Respondent(s)
........Petitioner(s)
........Respondent(s)
........Petitioner(s)
........Respondent(s)
CWP-15912-2024 (O&M) and other connected cases
-2-
5. CWP-19871-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
MANI BEDI AND OTHERS ........Respondent(s)
6. CWP-19877-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
JATINDER SOHI AND ORS. ........Respondent(s)
7. CWP-19884-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
ANJU CHOPRA AND OTHERS ........Respondent(s)
8. CWP-19887-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
VANDANA AGGARWAL AND ORS. ........Respondent(s)
9. CWP-19892-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR. DAVINDERJIT KAUR AND OTHERS ........Respondent(s)
CWP-15912-2024 (O&M) and other connected cases
-3-
10. CWP-22082-2024 (O&M)
DR. HARVINDER SINGH AND OTHERS ........Petitioner(s)
VERSUS
UNION TERRITORY CHANDIGARH AND OTHERS
........Respondent(s)
11. CWP-6218-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
VIN DOSAJH AND OTHERS ........Respondent(s)
12. CWP-6221-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
PARMJIT SINGH AND OTHERS ........Respondent(s)
13. CWP-6222-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
PARDEEP KUMAR BHAGAT AND OTHERS
........Respondent(s)
14. CWP-6223-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
CWP-15912-2024 (O&M) and other connected cases
-4-
VERSUS
AMRIT RANI AND OTHERS
15. CWP-6229-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
MONICA SINGH AND OTHERS ........Respondent(s)
16. CWP-6243-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
PURNIMA BHANDARI AND OTHERS
........Respondent(s)
17. CWP-7832-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR. SHASHI KANT RAI AND OTHERS ........Respondent(s)
18. CWP-9076-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR BARHM PRAKASH YADAV AND OTHERS
........Respondent(s)
19. CWP-15920-2024 (O&M)
CWP-15912-2024 (O&M) and other connected cases
-5-
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR RAJIV BHANDARI AND ORS. ........Respondent(s)
20. CWP-16364-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
BELA GUPTA AND OTHERS ........Respondent(s)
21. CWP-23675-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR SAPNA MALHOTRA AND ORS. ........Respondent(s)
22. CWP-24948-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR REWA SHARMA AND ORS. ........Respondent(s)
23. CWP-24969-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
RENU OBEROI AND OTHERS ........Respondent(s)
24. CWP-24973-2024 (O&M)
CWP-15912-2024 (O&M) and other connected cases
-6-
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
MUKESH KUMARI AND OTHERS ........Respondent(s)
25. CWP-25146-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR. KANWALJIT KAUR DHILLON AND OTHERS
........Respondent(s)
26. CWP-28051-2024 (O&M)
CHANDIGARH ADMINISTRIATION ........Petitioner(s)
VERSUS
SURINDER KUMAR AND ORS ........Respondent (s)
27. CWP-28686-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
DR. ANIL KUMAR MANKOTIA AND OTHERS
........Respondent(s)
28. CWP-28687-2024(O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
NIRUPINDER KAUR AND OTHERS
........Respondent(s)
CWP-15912-2024 (O&M) and other connected cases
-7-
29. CWP-32692-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s )
VERSUS
ANITA GUPTA AND ORS ........Respondent(s)
30. CWP-23994-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
MS. MONA SINGH AND OTHERS
........Respondent(s)
31. CWP-24001-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
PUNAM BANSAL AND OTHERS ........Respondent(s)
32. CWP-24006-2024 (O&M)
CHANDIGARH ADMINISTRATION ........Petitioner(s)
VERSUS
RANJJAN VERMA AND ORS. ........Respondent(s)
33. CWP-17842-2024 (O&M)
DR. BARHM PARKASH YADAV ........Petitioner(s)
VERSUS
CWP-15912-2024 (O&M) and other connected cases
-8-
UNION OF INDIA AND ORS ........Respondent(s)
34. CWP-22652-2024 (O&M)
DR. DEVINDERJIT KAUR ........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
35. CWP-28257-2024 (O&M)
ANJU CHOPRA ALIAS ANJU TRIKHA AND ANOTHER
........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
36. CWP-28369-2024 (O&M)
PROF. DR. J.K SEHGAL
........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
37. CWP-28591-2024 (O&M)
DR. SHASHI KANT RAI
........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
CWP-15912-2024 (O&M) and other connected cases
-9-
38. CWP-28867-2024 (O&M)
MONA SINGH AND ORS. ........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
39. CWP-29070-2024 (O&M)
MONICA SINGH AND ORS. ........Petitioner(s)
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
40. CWP-29295-2024 (O&M)
RANJJAN VERMA ........Petitioner
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
207 CWP-27266-2023 (O&M)
ANITA GUPTA ........Petitioner
VERSUS
UNION OF INDIA AND OTHERS ........Respondent(s)
114 CWP-19503-2025 (O&M)
RAMA ARORA AND ANOTHER ........Petitioner(s)
V/S
UNION OF INDIA AND OTHERS ........Respondent(s)
CWP-15912-2024 (O&M) and other connected cases
-10-
115 CWP-25100-2025 (O&M)
VIN DOSAJH ........Petitioner
V/S
UNION OF INDIA AND OTHERS ........Respondent(s)
116 CWP-25142-2025 (O&M)
AMRIT RANI ........Petitioner
V/S
UNION OF INDIA AND OTHERS ........Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. Chetan Mittal, Senior Advocate with
Mr. Mayank Aggarwal, Advocate and Ms. Shifali Goyal,
Advocate for the petitioner - U.T.
Mr. Amit Jhanji, Senior Standing Counsel with
Mr. Aman Bahri, Addl. Standing Counsel,
Ms. Shubhreet Kaur, Addl. Standing Counsel and
Ms. Sukhmani Patwalia, Addl. Standing Counsel
for respondents - U.T. (in CWPs No.17842, 28257, 28369,
29070, 29295 and 22082 of 2024 and CWP-25100-2025).
Mr. Satya Pal Jain, Additional Solicitor General of India with
Mr. Vibhor Bansal, Senior Panel Counsel and Mr. Ishank
Bansal, Advocate for respondent - UOI (in CWPs No.17842,
22652, 28257, 28369, 28591, 28867, 29070 and 29295 of 2024
and CWP-19503-2025).
Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Brijesh Khosla, Advocate for the respondent
in CWPs No.6221 and 6222 of 2024).
Mr. D.S.Patwalia, Senior Advocate with
Mr. Ayush Gupta, Advocate for the petitioners in CWPs
No.29295, 29070, 17842, 28257, 28867, 28369 and 28591 of
2024 and for respondents (in CWP-13268-2023 and CWP-
17842-2024).
CWP-15912-2024 (O&M) and other connected cases
-11-
Mr. Pawan Kumar, Senior Advocate with
Mr. Raj Kumar Gupta, Advocate,
Mr. Bhuvnesh Sharma, Advocate and
Ms. Vidushi Kumar, Advocate
For the petitioner in CWP No.27266 of 2023.
for respondent No.1 (in CWP-32692-2024).
Mr. Rajesh Garg, Senior Advocate with Mr. Mandeep Singh,
Advocate Ms. Neha Matharoo, Advocate Mr. Ravinder Narwal,
Advocate and Mr. Rajinder Goyal, Advocate for the petitioner
(in CWP-22082-2024) for respondents No.2 and 3 (in CWP-
19884-2024) for respondents No.5, 6, 9 and 10 (in CWP-6229-
2024) for respondents (in CWPs No.23675, 19887, 24001 and
15912 of 2024).
Ms. Sangita Dhanda, Advocate
for the petitioner (in CWP-25100-2025).
Mr. Balbir Singh Sewak, Advocate
for the petitioners in CWP-22652-2024 and CWP-19503-2025.
Mr. Lalit K. Gupta, Advocate
For the respondent-Union of India in CWP Nos.27266 of 2023,
CWP No.25100 of 2025 and CWP No. 25142 of 2025.
Ms. Madhu Dayal, Advocate and
Mr. Sarthak Gupta, Advocate
for respondents No.3 and 4 (in CWP-19503-2025).
Mr. Abhishek Masih, Advocate
for Mr. Aman Bahri, Advocate and Ms. Sukhmani Patwalia,
Advocate for respondents No.1 to 3 (in CWP-22082-2024).
Mr. Gagneshwar Walia, Advocate
for respondent No.1 (in CWPs No.19871 and 25146 of 2024)
for respondents No.1 and 2 (in CWP-24948-2024) and for
respondent No.11 (in CWP-6229-2024).
Mr. Puneet Gupta, Advocate
Mr. Anil Rana, Advocate and Mr. Ravindra Singh, Advocate
for intervenor/applicants (in CWP-13268-2023).
Mr. Shivansh Sood, Advocate
for Mr. Aman Bahri, Advocate for respondent - U.T.
(in CWPs No.17842, 22082, 28257, 28369, 28867, 29070,
29295 and 28591 of 2024).
CWP-15912-2024 (O&M) and other connected cases
-12-
Mr. Harsh Vasu Gupta, Advocate
for the respondent (in CWP-16364-2024).
Mr. Kamal Deep Sehra, Advocate
Mr. B.P.Yadav, Advocate for respondent No.1
(in CWP-6243-2024).
Mr. Gaurav Goyal, Advocate
for respondent No.1 (in CWP-24973-2024).
Mr. Aman Bahri, Advocate and
Mr. Abhishek Premi, Advocate
For the respondent-U.T., in CWP No.25142 of 2025.
Mr. J.R.Syal, Advocate and Mr. Sandeep Syal, Advocate
for the respondent in CWP-6223-2024 and
CWP No.25142 of 2025.
Mr. Inderpal Singh, Advocate
For Mr. Nitin Kaushal, Advocate
For respondent No.3-AICTE.
Mr. Abhijeet Chaudhary, Advocate
For respondent No.1 in CWP No.24969 of 2024.
HARSIMRAN SINGH SETHI, J. (Oral)
1. In the present bunch of petitions, the challenge is to the order
dated 21.03.2023 (Annexure P-1) passed by the Central Administrative
Tribunal (CAT) by both the parties i.e. the Chandigarh Administration as
well as the Teachers. The Chandigarh Administration has challenged the
said order on the ground that the Teachers have been allowed to be in
service till age of 65 years and the Teaching Faculty has challenged the same
on the ground that benefit of arrears for the period they were relieved from
service on attaining the age of 58 years, till rejoining in service has been
denied to them as per the order dated 21.03.2023 passed by the Tribunal
hence, as the bunch of petitions arise out of the same order of CAT(Central
Administrative Tribunal) (hereinafter referred as “Tribunal”) and that too in
CWP-15912-2024 (O&M) and other connected cases
-13-
the context of common set of facts, thus they are being decided by a
common order.
2. Firstly, taking into consideration the writ petitions, which have
been filed by the Chandigarh Administration challenging the impugned
order dated 21.03.2023 passed by the Tribunal, learned Senior Counsel
appearing on behalf of the Chandigarh Administration submits that the
benefit which has been given to the Teachers that they are entitled to
continue in service up to the age of 65 years by placing reliance upon the
judgment of this Court in CWP No.20447 of 2020 titled “Dr. Jogender Pal
Singh and ors. Vs. Union of India and ors.” decided on 01.03.2021, is
incorrect.
3. Learned Senior Counsel appearing on behalf of the Chandigarh
Administration submits that keeping in view the settled principle of law
which was in force at the time when Dr. Jogender Pal Singh’s case (supra)
was decided by the Division Bench of this Court, the benefit of continuing in
service up to age of 65 years was granted to petitioners in the said judgment,
hence, the Tribunal by placing reliance in Dr. Jogender Pal Singh’s case
(supra), could not have been followed the direction given in said judgment
so as to grant the Teaching Faculty the benefit to allow them to continue into
service upto the age of 65 years.
4. Learned Senior counsel for the petitioner further submits that
while passing the judgment in Dr. Jogender Pal Singh’s case (supra), the
judgment of the Hon’ble Supreme Court of India in Jagdish Prasad Sharma
etc. Vs. State of Bihar and ors. (2013) 8 SCC 633, was not considered in the
CWP-15912-2024 (O&M) and other connected cases
-14-
correct perspective by the Division Bench of this Court hence, grant of relief
to the other teachers on the basis of the said judgment of the Division Bench
in Dr. Jogender Pal Singh’s case (supra), so as to give relief of age of
superannuation age as 65 years to the Teachers, is incorrect especially when
judgement of the Division Bench of this Court in Dr. Jogender Pal Singh’s
case (supra), is not a correct law so as to grant the said benefit to Teachers
by the Tribunal while passing the impugned order dated 21.03.2023.
5. Learned counsel appearing on behalf of the Teaching Faculty
submits that there is no differentiating factor between the Teachers who have
been granted the said relief of age of superannuation up to age of 65 years by
the Tribunal while passing the impugned judgment dated 21.03.2023 and the
petitioners in Dr. Jogender Pal Singh’s case (supra) to whom the same
benefit was granted by the Division Bench of this Court in Dr. Jogender Pal
Singh’s case (supra). Learned Senior counsel for the respondents further
submits that petitioners in Dr. Jogender Pal Singh’s case (supra), were the
colleagues of the Teachers herein and it would be contrary to the principles
of law to say that one similarly situated employee will be allowed to
continue in service up to the age of 65 years whereas another colleague
should retire from service at the age of 58 years despite there being no
differentiating factor between the both, which if allowed to happen will
create an anomaly and discrimination as two set of similarly situated
employees will be treated in a different manner, which will be against the
spirit of law hence, the Tribunal has rightly granted the benefit of same age
of superannuation as 65 years of age to the Teachers in these proceedings by
CWP-15912-2024 (O&M) and other connected cases
-15-
placing reliance upon the judgment in Dr. Jogender Pal Singh’s case
(supra).
6. Learned Senior Counsels appearing on behalf of the
respondents further submits that once, the issue qua grant of extending the
benefit of age of superannuation as 65 years in terms of AICTE Regulations
2010/2019 as has been decided by the Division Bench of this Court in Dr.
Jogender Pal Singh’s case (supra), which decision had already attained
finality as the appeal filed by the Chandigarh Administration against the
judgment of the Division Bench of this Court in Dr. Jogender Pal Singh’s
case (supra) before the Hon’ble Surpeme Court of India was withdrawn, and
the petitioners in Dr. Jogender Pal Singh’s case (supra), have been allowed
the benefit to continue in service up to the age of 65 years, grant of the said
same benefit to Teachers herein is only to remove the discrimination
between two similarly situated employees, which fact has rightly been
appreciated by the Tribunal in the facts and circumstances of this case.
7. Learned Senior Counsel appearing on behalf of the respondents
further submits that the arguing of the same issue once again, which issue
has already attained finality and has been implemented qua similarly situated
Teachers, without there being any differentiating factor between both the
case i.e. the one raised in the present case and the one raised in Dr. Jogender
Pal Singh’s case (supra), amounts to violation of principles of res judicata.
The reliance is being placed upon the judgment of the Hon’ble Supreme
Court of India in Civil Appeal No.2339 of 1968 titled “State of U.P. Vs.
Nawab Hussain”, decided on 04.04.1977, to underpin his argument that
CWP-15912-2024 (O&M) and other connected cases
-16-
once an issue had already been settled by the competent Court of law, same
cannot be made subject matter of adjudication once again.
8. We have heard the learned counsel with regard to the writ
petitions which have been filed by the Chandigarh Administration
challenging the impugned order and have gone through the records of the
present case with their able assistance.
9. Before deciding the issue on merits, certain relevant facts have
emerged, which needs to be noticed, on the basis of which, the decision is to
be taken.
10. The first such fact is that the similarly situated employees, who
were the petitioner in Dr. Jogender Pal Singh’s case (supra), have already
been allowed to continue in service up to the age of 65 years and it is a
conceded position that there is no differentiating factor qua the service
conditions between the petitioners in Dr. Jogender Pal Singh’s case (supra)
as well as the Teachers herein, who have been granted the same benefit by
the Tribunal vide impugned order dated 21.03.2023.
11. The second fact which needs to be noticed is that the
Chandigarh Administration has already amended the 1992 Rules, which
prescribed the age as 58 years for retirement vide Notification dated
29.03.2022, effective from 01.04.2022 and the same is now set at 65 years
and the same is now set at 65 years.
12. According to the said amended Rules of 2022 qua the Teachers
who are currently working in the same cadre, such teachers are to retire from
their service upon attaining the age of 65 years and the Teachers who have
been granted the relief i.e., who retired from their service prior to the
CWP-15912-2024 (O&M) and other connected cases
-17-
Notification dated 29.03.2022, effective from 01.04.2022, are very few in
number.
13. Another relevant fact is that after passing of the impugned order
dated 21.03.2023 and filing of the writ petition by the Chandigarh
Administration, the Chandigarh Administration had made a statement before
the Court that they are implementing the directions as given in the impugned
the judgment dated 21.03.2023 in Dr. Jogender Pal Singh’s case (supra) so
as to allow the Teachers to continue in service up to the age of 65 years and
the said undertaking has already been complied with and the Teachers, who
have deposited their retiral benefits granted to them upon attaining age of 58
years, have been allowed to rejoin so as to allow them to continue in service
up to the age of 65 years and are continuing in the service.
14. It is under these relevant facts, the grievance of the Chandigarh
Administration that whether, the direction given by the Central
Administrative Tribunal vide order dated 21.03.2023 so as to allow the
Teachers to continue in service up to the age of 65 years, is valid or not.
15. It may be noticed that the said grant of benefit of age of
superannuation up to 65 years has already been allowed by the Division
Bench of this Court to the similarly situated employees/colleagues of the
Teachers while deciding Dr. Jogender Pal Singh’s case (supra), which
categorically shows that the Tribunal has rightly abided by the said decision
of Division Bench of this Court while passing the impugned order dated
21.03.2023 (Annexure P-1) especially, when no differentiating factor
between the two sets of employee was either brought to the notice of the
Tribunal or even before this Court.
CWP-15912-2024 (O&M) and other connected cases
-18-
16. It may be noticed that in case, the argument of the Chandigarh
Administration is accepted that the decision and benefit of age relaxation
granted in Dr. Jogender Pal Singh’s case (supra), shoud not be made
applicable upon the Teachers herein and the said benefit of age of
superannuation upto 65 years is to be denied to the Teachers herein, the
same will create an anomaly in treatment of two set of similarly situated
employees especially when, one set of similarly situated employee is
allowed to continue in service upto the age of 65 years by the Chandigarh
Administration whereas, the ask of Chandigarh Administration in the present
petition is that the other set of employees, which are the Teachers in the
present set of writ petition, to be retired from service at the age of 58 years
even though, both of these set of employee have been working in the same
cadre governed by same set of Rules. No differentiating factor between the
two set of employees has been brought to notice of this Court so as to make
this Court inclined towards accepting the contention of petitioner that the
benefit granted in the judgment Dr. Jogender Pal Singh’s case (supra) is
not to be given to the Teachers herein, rather the fact that petitioner in Dr.
Jogender Pal Singh’s case (supra), and Teachers in the present proceedings
are similarly and there is no differentiating factor between the both.
17. Further, the judgment of the Hon’ble Supreme Court of India in
Jagdish Prashad Sharma’s case (supra), which is being brought into
operation by the Administration so as to contend that the same was not
considered in a correct perspective while granting the benefit of
superannuation age of 65 years to the Teachers in Dr. Jogender Pal Singh’s
case (supra) by placing reliance upon the Act/Regulations framed by the
CWP-15912-2024 (O&M) and other connected cases
-19-
UGC, AICTE rather than the 1992 Rules, notified on 13.01.1992, qua the
said aspect, it should be noticed that the said judgment in Jagdish Prashad
Sharma’s case (supra), has already been considered extensively and
eventually decided by the Division Bench of this Court in Dr. Jogender Pal
Singh’s case (supra), which judgment has attained finality.
18. Once, a Co-ordinate Bench of this Court has already considered
the said judgment of Jagdish Prashad Sharma’s case (supra) passed by the
Hon’ble Supreme Court of India and by taking into consideration the said
judgment and the same argument raised by the Chandigarh Administration,
this Court had given a finding while deciding Dr. Jogender Pal Singh’s
case (supra) by interpreting the said judgment of Jagdish Prashad
Sharma’s case (supra), granted the relief of continuing in service upto the
age of 65 years against which finding though an appeal was preferred by the
Chandigarh Administration before the Supreme Court of India, but the said
appeal was eventually dismissed as withdrawn and similarly situated
Teachers have been allowed to continue in service upto the age of 65 years
hence, the same issue cannot be again made subject matter of adjudication at
the hands of this Court for considering the same plea being raised by the
Chandigarh Administration once again, especially when no valid argument
has been brought before the Court to doubt the correctness of the judgment
of the Division Bench of this Court in Dr. Jogender Pal Singh’s case
(supra).
19. As per the settled principle of law, once an issue has been
raised before Court and same has been settled by the competent Court of law
in case of one set of employees and the issue has attained finality, the benefit
CWP-15912-2024 (O&M) and other connected cases
-20-
found to be admissible to a beneficiary, which benefit has been given after
settlement of such issue to the said set of employee, same issue cannot be
brought into question once again so as to re-argue the same issue so as to
convince the Court to arrive at a different conclusion other than the one
arrived at by the Co-ordinate Bench of this Court in Dr. Jogender Pal
Singh’s case (supra) so as to deny the same benefit to similarly situated
employees.
20. In the absence of any afresh fact, which arose after the
judgment in Dr. Jogender Pal Singh’s case (supra), brought to the notice of
this Court so as to convince this Court that fresh adjudication is needed to be
done by this Court on the same issue, no re-consideration can be allowed
qua the judgment in Dr. Jogender Pal Singh’s case (supra) especially when
the similarly situated employees, in the same cadre, have already been
allowed to continue in service upto the age of 65 years on the basis of the
judgement of the competent Court of law. Learned Senior counsel for the
petitioner has failed to convince the Court that judgment in Dr. Jogender
Pal Singh’s case (supra), needs re-consideration.
21. Further, it may be noticed that the Teachers herein in the
present set of petition before this Court have become the part of the
diminishing cadre for the reason that vide notification dated 29.03.2022,
effective from 01.04.2022, the Chandigarh Administration has already
amended Rule governing the service of employee working in the cadre in
which the Teachers in the present proceeding were working vide notification
dated 29.03.2022, so as to prescribe that the retirement age of such Teachers
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working in the same cadre in which the Teachers were working to be 65
years of age.
22. Once, the Chandigarh Administration has already granted the
said benefit of age of superannuation as 65 years to the Teachers, who were
working in the same cadre as of 01.04.2022, non-grant of the said benefit of
the Teachers, who are claiming the same benefit of retirement at the age of
65 years, will not be in the interest of justice and has rightly been granted by
the Tribunal so as to remove discrimination.
23. Further, it may be noticed that even if the question of law was
kept open by the Hon’ble Supreme Court of India while passing the order in
the SLP filed by the Chandigarh Administration in the case of “Chandigarh
Administration and ors. Vs. Dr. Sumangal Roy and anr.”, wherein an SLP
against order dated 08.04.2022 passed in CWP No.7582 of 2019 and
11.08.2023 in RACW No.133 of 2022 passed by this Court was filed before
the Hon’ble Supreme Court of India, the judgment does not looses its
significance and validity. The same remained as a valid law. The Tribunal is
otherwise bound by the order passed by the Division Bench of this Court and
could not have ignored the settled principle of law decided by the Division
Bench of this Court in Dr. Jogender Pal Singh’s case (supra) hence, the
order passed by the Tribunal by placing reliance upon Dr. Jogender Pal
Singh’s case (supra), is perfectly valid and legal.
24. Even otherwise, in the present case, we have already held that
the petitioners have not been able to prove that the judgment in Dr.
Jogender Pal Singh’s case (supra), is not a good law.
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25. Once, the Chandigarh Administration has already implemented
the impugned judgment dated 21.03.2023 and all the Teachers concerned
have been allowed to rejoin in service after they were made to deposit back
the retiral benefits granted to them to hold that they were not entitled to the
said benefit, will be too harsh especially when the said set of Teachers are
the diminishing cadre and there is nobody else who will come forward to
claim the same relief as has been claimed by these set of teachers, as, for the
extending employees, the age of retirement has already been set as 65 years
while amending all the Rules vide notification dated 29.03.2022, hence,
once a statement was given by the Chandigarh Administration before the
Co-ordinate Bench to implement the impugned order, which undertaking has
already been complied with and the Teachers have already rejoined after the
deposit of the retiral benefits, accepting the plea of the Chandigarh
Administration qua the same impugned judgment, cannot be allowed.
26. Keeping in view the totality of the circumstances explained
hereinbefore, the impugned order passed by the Tribunal dated 21.03.2023
(Annexure P-1) granting the benefit of continuance in service up to the age
of 65 years to the Teachers in the present proceeding needs no interference
at the hands of this Court keeping in view the settled principle of law noticed
hereinbefore in the facts and circumstances of the present case.
27. The second bunch of petitions are filed by the Teachers against
order dated 21.03.2023 (Annexure P-1) on the ground that once, they have
been held entitled to continue in service up to the age of 65 years, they are
entitled to the benefit of arrears of salary in accordance to effective pay scale
from the date they attained the age of 58 years i.e. when they were retired
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from service till the date they were allowed to rejoin the service in pursuance
to the order dated 21.03.2023 passed by the Tribunal, which benefit has been
denied to them by the Tribunal while passing of said impugned order.
28. The argument which has been raised by the learned counsel
appearing on behalf of the Teachers is that once, they have been allowed to
rejoin in service by the Tribunal vide order dated 21.03.2023, after deciding
that they are entitled to continue in service up to 65 years but as, the
Administration did not allow such teachers to continue in service initially
after attaining age of 58 years and they had to approach the appropriate
Court to raise a claim qua their right of working in service till the age of 65
years, the consequential and entitled relief which had to be granted while
extending the benefit of continuity in service upto 65 years, the employees
are deemed to have continued in service without any interruption hence, they
are also entitled for the salary admissible to them for the intervening period
from i.e. date they attained the age of 58 years till the date they were allowed
to rejoin in service in pursuance of the order passed by the Tribunal dated
21.03.2023 (Annexure P-1).
29. Learned counsel for the Teachers further argues that it was
incumbent upon the Chandigarh Administration to implement the directions
and benefit given in judgement in Dr. Jogender Pal Singh’s case (supra)
upon Teachers herein, rather than forcing the Teachers to raise a claim for
the same benefit of continuity in service upto the age of 65 years, which
benefit had already been granted to similarly situated employees in Dr.
Jogender Pal Singh’s case (supra), and had attained finality hence, non-
grant of the same benefit to the petitioner by the Chandigarh Administration,
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has caused prejudice to the Teachers and though, the said prejudice of not
allowing the petitioner to continue in service upto the age of 65 years has
been removed by the Tribunal by directing the Chandigarh Administration to
allow the Teachers to rejoin in service by placing reliance upon Dr.
Jogender Pal Singh’s case (supra) but the consequential benefits upon
joining in service, i.e. benefit of the arrears for the intervening period has not
been granted to them, which caused prejudice to them.
30. The last argument which has been raised by the learned counsel
appearing on behalf of the Teachers that in any case once, an order has been
passed by the Tribunal on 21.03.2023 directing the Teachers to rejoin their
respective Institute, the benefit of arrears of salary should be granted to them
from the date the original application was filed before the Tribunal or the
judgment passed by the Tribunal dated 21.03.2023 rather than from the date
of their actual re-joining of service.
31. Learned counsel for the Teachers further argues that once, the
benefit of arrear of salary has been granted to the petitioners in Dr. Jogender
Pal Singh’s case (supra), who were also not allowed to continue in service
on the ground that they had attained the age of 58 years but were ultimately
granted the benefit of continuity in service upto 65 years of age hence, were
allowed to join in service along with all consequential benefits, the same
benefit which has been granted to the Teachers in Dr. Jogender Pal Singh’s
case (supra), the same should be granted to Teachers herein, as having
different yardsticks of measure for similarly situated employees will amount
to discrimination and that too without any intelligible differentia, which
would be incorrect.
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32. Learned Senior counsel appearing on behalf of the Chandigarh
Administration submits that in the present case, the original applications for
raising the claim qua continuance in service till the age of 65 years, were
filed by the Teachers after attaining the age of 58 years, which is the age of
superannuation as per the 1992 Rules and after retirement from their service,
and in the cases where the Teachers were in service and before attaining age
of superannuation i.e. 58 as per 1992 Policy, raised the claim qua said
benefit of allowing them to continue in service till they attained the age of
65 years, most of them were allowed to continue in service by the Tribunal
by way of passing of an interim order.
33. Learned Senior counsel appearing on behalf of Chandigarh
Administration further submits that once, the Teachers have already retired
from service upon attaining the age of 58 years and have been granted the
retiral benefits admissible to them and have enjoyed the retiral benefits,
claiming the salary for the said period, has rightly been denied to them by
the Tribunal.
34. Learned Senior counsel appearing on behalf of the Chandigarh
Administration further submits that the benefit of rejoining in service has
already been granted in favour of the Teachers after they complied with the
directions given in the interim order dated 21.03.2023 by re-depositing the
retiral benefits granted to them, within a period of one month of the deposit
of the retiral benefits by the Teachers hence, there has been no delay on the
part of the Chandigarh Administration in implementing the directions given
in aforementioned impugned judgement dated 21.03.2023 as the Teachers
are to be given the benefit of rejoining in service till age of 65 years upon re-
CWP-15912-2024 (O&M) and other connected cases
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depositing of the retiral benefits hence, claiming the benefit of arrears of
their salarly for period in question i.e. from the date impugned judgment was
pronounced by Tribunal, is incorrect hence, the said benefit of arrears
claimed by the Teachers may kindly be declined.
35. We have heard the learned counsel for the parties on the issue
and have gone through the records of the present case with their able
assistance qua the issue as well.
36. In the preceeding paragraphs, while dealing with the writ
petitions filed by the Chandigarh Administration, we have noticed certain
facts which are being stated again at the cost of repetition.
37. It may be noticed that after the judgment was given by the
Division Bench of this Court in Dr. Jogender Pal Singh’s case (supra),
against which judgment, an SLP was filed by the Chandigarh Administration
but the same was withdrawn by pleading that the same will not affect the
rights of the Chandigarh Administration.
38. It may be noticed that the judgment in Dr. Jogender Pal
Singh’s case (supra), was relied upon in subsequent case of “Chandigarh
Administration and ors. Vs. Dr. Sumangal Roy and anr.”, wherein an SLP
against order dated 08.04.2022 passed in CWP No.7582 of 2019 and
11.08.2023 in RACW No.133 of 2022 passed by this Court was filed before
the Hon’ble Supreme Court of India, in which case, while disposing of the
Special Leave Petition, the Hon’ble Supreme Court of India passed the
following order, which is as under:-
“1. Delay condoned.
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2. In the facts and circumstances of the present case, we are
not inclined to entertain the present petitions. The Special leave
Petitions are dismissed accordingly.
3. However, the question of law is left open.
4. Pending application(s), if any, shall stand disposed of.”
39. A bare perusal of the above order would shows that the
question of law qua the aspect that whether, the Teachers have a right for
continuance in service upto the age of 65 years or not was kept open by the
Hon’ble Supreme Court of India as to.
40. Keeping in view the said fact, the claim of the petitioners that
directions given in the judgment in Dr. Jogender Pal Singh’s case (supra)
qua the Teachers for purpose of continuity in service should have been
immediately implemented upon the Teachers by the Chandigarh
Administration without even asking them to relinquish their charge on
attaining the age of 58 years, cannot be accepted. The said issue needs to be
decided again, even if the same was to be denied as per law in Dr. Jogender
Pal Singh’s case (supra).
41. Further, in case the Teachers were of the view that they are
entitled to continue in service upto the age of 65 years, there was no
hindrance before such teachers to approach the Court as a beforehand
cautionary measure to claim the said benefit while they were continuing in
service whereas, the case is that almost all the teachers had already retired
from service on attaining the age of 58 years consequently, got the retiral
benefits admissible to them and were enjoying their pensionary benefits and
CWP-15912-2024 (O&M) and other connected cases
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it was subsequently after a period of gap that they approached the Tribunal
to raise a claim qua continuance in service till attaining the age of 65 years.
42. Once, the Teachers were enjoying their pensionary benefits
after retiring from service upon attaining the age of superannuation, it cannot
be said that ipso facto they are also entitled to be paid the salary for the same
period by treating those Teachers that they remained out of service after
attaining the age of 58 years, till they were allowed to rejoin in pursuance to
the impugned judgment of the Tribunal dated 23.03.2023 (Annexure P-1)
especially when such Teachers were enjoying the retiral benefit extended to
them also with monthly pension.
43. Further, as has been mentioned earlier, the question of law with
regard to the fact as to whether the benefits of working in service upto the
age of 65 years is admissible to such employees or not, was kept oepn by the
judgment of the Hon’ble Supreme Court of India on the SLP filed by the
Chandigarh Administration in the case of Dr. Sumangal Roy’s case (supra),
which claim was allowed by the Division Bench of this Court in favour of
the Dr. Sumangal Roy by placing reliance upon the judgment in Dr.
Jogender Pal Singh’s case (supra).
44. Once, the said question of law was kept open by the Hon’ble
Supreme Court of India, it was incumbent upon the competent Court of law
to decide upon the said issue that whether there is an absolute right of the
Teachers are entitled to continue in service upto the age of 65 years or not.
45. The said issue was then eventually decided by the Tribunal
while passing the impugned order dated 21.03.2023 (Annexure P-1) so as to
grant the benefit of continuity in service upto the age of 65 years.
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46. That being so, it cannot be said that without adjudication of the
said issue/claim of Teachers afresh by the Competent Court of law after the
decision of the Hon’ble Surpeme Court of India in SLP(C) 36762 of 2023
filed by the Chandigarh Administration while disposing the said appeal in
case of of Dr. Sumangal Roy’s case (supra), wherein the question of law is
kept open upon the said aspect, the benefit of age of superannuation upto 65
years should have been granted by the Chandigarh Administration on his
own accord by following the judgment in Dr. Jogender Pal Singh’s case
(supra), cannot be accepted as the same question of law had been kept open.
47. Therefore, even if a Teacher, who was in service till age of 58
years and had approached the Court to raise a claim for allowance such
employee to continue in service upto the age of 65 years; till the competent
Court of law decides upon the said issue qua each employee who raised the
claim, no right to continue in service till 65 years of age exists hence, the
right to continue in service upto the age of 65 years qua the Teachers herein
only came into existence after the decision by the Tribunal in the OA
No.060/387/CH of 2022 decided on 21.03.2023 (Annexure P-1).
48. Further, it may be noticed that it is not a case that the services
of the Teachers were terminated wrongly and they had no means and were
without any financial assistance so as to claim the benefits of arrears of
salary on account of not allowing them to continue in service.
49. In the present case, the Teachers are those employees who had
exhausted their particular innings of working in service upto the age of 58
years and were granted the pensionary benefits admissible to them upon
retirement i.e., when attained the age of 58 years including the monthly
CWP-15912-2024 (O&M) and other connected cases
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pension, which benefit was being enjoyed by such Teachers after they were
not allowed to continue in service any more on attaining the age of
superannuation of 58 years.
50. That being so, question arises as to whether the benefit of
arrears of salary needs to be extended to such Teachers for the period when
they attained the age of 58 years till rejoining in service in pursuance to the
order dated 21.03.2023 needs to be decided on the basis of the settled
principle of law.
51. A similar question of law came up for consideration before the
Hon’ble Supreme Court of India in Civil Appeal No.4790 of 2006 titled
“U.P. Jal Nigam and anr. Vs. Jaswant Singh and anr.”, decided on
10.11.2006 wherein also, the employees who had been erroneously retired
from service upon attaining the age of 58 years, were granted the benefit of
to continue in service upto the age of 60 years, claim of salary for the period
such employees were not performing the duties arose.
52. While deciding the said issue, the Hon’ble Supreme Court of
India held that in the case where the employees were allowed to retire from
service upon attaining the age of 58 years, as superannuation, and thereafter,
a claim raised to allow such employees to continue in service upto the age of
60 years was allowed, in such cases no benefit of arrears for the intervening
period where such employees were out of service are to be allowed in favour
of such employees. The relevant paragraph Nos.9 and 10 of the said
judgment is as under:-
“9. In Harwindra Kumar's case (supra) the Division Bench
decision on which the appellant places reliance was
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challenged. Orders passed by the High Court dismissing the
writ petitions as well as those by tile Nigam directing that the
appellants of the Civil Appeals and the petitioners of the writ
petitions would superannuate upon completion of the age of 58
years were set aside and it was directed that in case the
employees have been allowed to continue up to the age of 60
years by virtue of some interim order, no recovery shall be
made from them but in case, however, they have not been
allowed to continue after completing the age of 58 years by
virtue of erroneous decision taken by tile Nigam for no fault of
theirs. They would be entitled to payment of salary for the
remaining period up to the age of 60 years which was to be
paid to them within a period of three months from the date of
receipt of copy of this Court's order by the Nigam.
10. It appears that the High Court placed reliance on the
decision in Harwindra Kumar's case (supra). Additionally, in
Chairman, U.P. Jal Nigam & Anr. v. Jaswant Singh & Anr.,
2007(1) SCT 224: (JT 2006(10) SC 500) the decision was
reiterated in the following terms:
"The benefits shall only be confined to above mentioned
persons who have filed writ petitions before their retirement or
they have obtained interim order before their retirement. The
appeals filed against these persons by the Nigam shall fail and
the same are dismissed. Rest of the appeals are allowed and
orders passed by the High Court are set aside. There would be
no order as to costs."
11. In view of what has been stated above the inevitable
conclusion is that the appeal is sans merit, deserves dismissal,
which we direct.”
53. A somewhat similar natured question of law came up for
consideration in Civil Appeal No.13187 of 2024 titled “Govt. of West
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Bengal and ors. Vs. Dr. Amal Satpathi and ors.”, decided on 27.11.2024
wherein also, the employees had retired from service but they were granted
the benefit of retrospective promotion from a particular date when they were
in service. The question upon grant of such benefit arose that whether, the
benefit of the arrears are to be given to such employees upon retrospective
promotion, Hon’ble the Supreme Court of India held that where an
employee has already been retired from service and had eventually attained
retired benefits after attaining retirement, no benefit of arrears can be
granted even upon retrospective promotion. The relevant paragraph of the
said judgment is as under:-
“There are no materials to establish that the petitioner
authority has wantonly delayed the respondent's promotion and there
is no taint of malice for the delay. The claim of the respondent seeking
promotion cannot be considered on the ground of delay due to
administrative reasons at the hands of the Petitioner Department, as
contended by the learned counsel for the Respondent and the same is
liable to be rejected. No materials have been placed before this Court
to prove the mala fide or illegality on the part of the authority for the
delay in finalising the promotion panel.
After a post falls vacant for any reason whatsoever, a
promotion to the post should be from the date the promotion is
granted and not from the date on which such post falls vacant. The
recommendation for promotion of the respondent was forwarded to
the Department by PSC on December 29, 2016 and the final approval
of the authority concerned could not be obtained for issuance of order
of promotion of the respondent before his superannuation on
December 31, 2016. Service Jurisprudence does not recognize
retrospective promotion i.e., a promotion from a back date and if
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there exists a rule authorising the department to accord promotion
from a retrospective date, a decision to grant promotion from a
retrospective date would be valid because of a power existing to do
so.”
54. Hence, as per the law settled principle of law, which fits in to
the facts and circumstances of the case, no arrears of salary can be granted as
being claimed by the Teachers.
55. Learned counsel for the Teachers have also placed reliance
upon the judgment of the Hon’ble Supreme Court of India in Civil Appeal
No.2974 of 2022 titled “Dr. Jacob Thudipara Vs. The State of Madhya
Pradesh and ors.”, decided on 21.04.2022, wherein the employee was found
to be entitled to continue in service upto the age of 65 years, and as such he
was allowed the benefit of arrears for the period of 62 to 65 years when he
was not in service, in which period he was not allowed to work, have to be
granted.
56. It may be noticed that the differentiating factor between the said
case and the present case is that though, on an earlier occasion in Dr.
Jogender Pal Singh’s case (supra), the relief of continuing in service upto
65 years age was granted to the Teaching Faculty but the Hon’ble Supreme
Court in an SLP filed by the Chandigarh Administration had kept open the
said question of law to be adjudicated by a competent court of law that
whether the teachers who earlier fall under 1992 Rules and were later on
subjected to rules and regulations of the UGC and AICTE are to be granted
the benefit of continuing in service upto 65 years of age. The said question
CWP-15912-2024 (O&M) and other connected cases
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of law that whether the entitlement to continue in service upto the age of 65
years exists qua the petitioners Teachers or not was kept open and that
whether, they have right to claim said benefit has now become a fresh matter
of adjudication, which only came to be decided by the Tribunal on
21.03.2023. Hence, the facts in the present case and in Dr. Jacob
Thudipara’s case (supra), are different so as to make the said judgment
made applicable upon the Teachers so as to grant the benefit of arrears of
salary to the Teachers from the date they attained the age of 58 years till they
re-joined in pursuance to the order of the Tribunal dated 21.03.2023.
57. Further, reliance is being placed by the Teachers in the
judgment of the Hon’ble Supreme Court of India in Civil Appeal No.9849 of
2014 titled “State of Uttar Pradesh and ors. Vs. Arvind Kumar Srivastava
and ors.”, decided on 17.10.2014. Revelant paragraph No.23 of the said
judgment is as under:-
“23. The legal principles which emerge from the reading of
the aforesaid judgments, cited both by the appellants as well as the
respondents, can be summed up as under:-
(1)Normal rule is that when a particular set of employees is
given relief by the Court, all other identically situated persons need to
be treated alike by extending that benefit. Not doing so would amount
to discrimination and would be violative of Article 14 of the
Constitution of India. This principle needs to be applied in service
matters more emphatically as the service jurisprudence evolved by
this Court from time to time postulates that all similarly situated
persons should be treated similarly. Therefore, the normal rule would
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be that merely because other similarly situated persons did not
approach the Court earlier, they are not to be treated differently.
(2) However, this principle is subject to well recognised exceptions in
the form of laches and delays as well as acquiescence. Those persons
who did not challenge the wrongful action in their cases and
acquiesced into the same and woke up after long delay only because
of the reason that their counterparts who had approached the Court
earlier in time succeeded in their efforts, then such employees cannot
claim that the benefit of the judgment rendered in the case of similarly
situated persons be extended to them. They would be treated as fence-
sitters and laches and delays, and/or the acquiescence, would be a
valid ground to dismiss their claim.
(3) However, this exception may not apply in those cases where the
judgment pronounced by the Court was judgment in rem with
intention to give benefit to all similarly situated persons, whether they
approached the Court or not. With such a pronouncement the
obligation is cast upon the authorities to itself extend the benefit
thereof to all similarly situated person. Such a situation can occur
when the subject matter of the decision touches upon the policy
matters, like scheme of regularisation and the like (see K.C. Sharma
& Ors. v. Union of India (supra). On the other hand, if the judgment
of the Court was in personam holding that benefit of the said
judgment shall accrue to the parties before the Court and such an
intention is stated expressly in the judgment or it can be impliedly
found out from the tenor and language of the judgment, those who
want to get the benefit of the said judgment extended to them shall
have to satisfy that their petition does not suffer from either laches
and delays or acquiescence.”
58. A bare perusal of the above would show that the facts of the
said case are entirely different from the facts of the present case and law
CWP-15912-2024 (O&M) and other connected cases
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stipulated can only be applied keeping in view the facts of each and every
case rather than picking up a single line from judgment so as to be applied in
the present case.
59. In the case of Arvind Kumar Srivastava’s case (supra), the
facts of the present case are not covered by the directions given in Paragraph
No.23 by the Hon’ble Supreme Court of India, as issue that the Teachers are
entitled to continue in service upto the age of 65 years is needed to be
decided afresh as question of law settled in Dr. Jogender Pal Singh’s case
(supra), was kept open by the Hon’ble Supreme Court of India, which issue
was only decided by the Tribunal on 21.03.2023.
60. Further, in the present case, almost all the Teachers had already
retired from service by the time they approached the Tribunal seeking
continuance in service upto the age of 65 years and received the pensionary
benefits admissible to them and it is after a period of gap that they
approached the Court for raising the claim that they are entitled for
continuance in service upto the age of 65 years, which is a distinguishing
factor, on the basis of which actual benefit of salary for the period they
attained the age of 58 years and they joined back in accordance to the
impugned order dated 21.03.2023, has rightly been denied.
61. It is in these peculiar facts that the benefit of arrears of salary
has been denied to Teachers by the Tribunal especially when the question of
law whether the Teachers are entitled to continue in service upto the age of
65 years or not, was decided by the Tribunal again on 21.03.2023 keeping in
CWP-15912-2024 (O&M) and other connected cases
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view the fact that the said question of law had been kept open by the
Hon’ble Supreme Court of India.
62. Argument has been raised by the learned counsel for the
Teachers is that Teachers are entitled for the benefit of arrears of salary at
least from the date of judgment passed by Tribunal at least rather than being
implemented from the date, the Teachers have been allowed to rejoin in
service.
63. It may be noticed that all the Teachers had already retired from
service and had been granted the pensionary benefits admissible to them for
the period of service they worked with respondent with
authority/Administration. Till the pensionary benefits granted to them are
deposited back, the Teachers could not have been allowed to join in service
hence, in order to claim the benefit of rejoining in service under the orders
passed by the Tribunal dated 21.03.2023 the duty had been caste upon the
teachers to refund the pensionary benefits first, and it is then only that they
can rejoin in service.
64. Nothing has come on record to show that the Chandigarh
Administration took more than one month after the deposit back of the
pensionary benefits by the Teachers so as to allow them to join in service.
65. Once, the pensionary benefits granted to Teachers upon retiring
were to be deposited by them in order to get the benefit of rejoining in
service, it cannot be said that they will be entitled for the arrears of salary
from the date of passing of the judgment without complying with or
CWP-15912-2024 (O&M) and other connected cases
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returning back the pensionary benefits, which they had received upon
retirement and were enjoying during the intervening period.
66. Keeping in view the totality of the circumstances, the Teachers
were not entitled for the benefit of actual arrears of their salary from the date
they attained the age of superannuation upon attaining the age of 58 years till
the date they rejoined.
67. However, the question still survives as to what benefit the
Teachers will be entitled to after Tribunal allowed them to continue in
service till the age of 65 years upon their re-joining.
68. Once, by force of the judgment passed by Tribunal dated
21.03.2023, the Teachers became entitled to continue in service upto age of
65 years according to service law jurisprudence, they have to be treated in
continuous service from the date they attained the age of 58 years till re-
joining by a deeming fiction so as to fix their salary upto the date of their
rejoining by giving them the notional benefits, from the date they attained
the age of 58 years till re-joining qua such Teachers who were not in service
for the abovementioned period. Such Teachers will be entitled for all the
increments in their salary which they would have been entitled to otherwise
notionally from the date they attained the age of 58 years till their re-joining
by deeming fiction that they were in continuance of service from the date of
retirement on attaining the age of 58 years till the date of rejoining in service
so as to continue in service upto the age of 65 years and their pay will be
CWP-15912-2024 (O&M) and other connected cases
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fixed notionally upon rejoining in service but without actual arrears for the
intervening period.
69. With regard to the Teachers, who were on the basis of the
interim order passed by the Tribunal allowed to continue in service even
after attaining the age of 58 years and those teachers continued in service
upto the date of the order of the Tribunal dated 21.03.2023 and now they are
entitled to continue in service upto the age of 65 years and are continuing in
service without actual break in service and this Court has been informed that
they have not been granted the increments in their salary due to them after
they had attained the age of superannuation i.e 58 years on the ground that
they were continuing in service under the interim orders of the Cour, such
teachers, who have already discharged the duties assigned to them qua their
post continuously even after attaining the age of 58 years, such Teachers will
be granted all the increments admissible to them for the period they have
discharged the duties even after attaining the age of 58 years and they will
be entitled to actual arrears of salary after grant of such increments as they
have actually performed the duties assigned to them even after attaining the
age of 58 years qua the post. As per the Rules governing over service, any
employee serving and performing the duties assigned to him/her will be
entitled for the benefit of increment in salary hence, such Teachers, who
continued in service after attaining age of 58 years on the basis of the said
interim order of the Tribunal, will be treated in service for all intents and
purposes including for the grant of increments in salary and in case, the
increments has not been granted to such Teachers, the same be granted to
CWP-15912-2024 (O&M) and other connected cases
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them so as to fix their actual entitled salary for their work after attaining the
age of 58 years along with actual arrears admissible to them.
70. Keeping in view the above, all the writ petitions challenging the
impugned order dated 21.03.2023 (Annexure P-1) passed by the Tribunal are
disposed of in the above terms.
71. At this stage, Mr. D.S.Patwalia, Senior Advocate with Mr.
Ayush Gupta, Advocate for the petitioners in CWPs No.29295, 29070,
17842, 28257, 28867, 28369 and 28591 of 2024 and for respondents (in
CWP-13268-2023 and CWP-17842-2024 submits that the Teachers are also
claiming for continuance in service beyond the age of 65 years, which
discretion to allow the Teachers beyond 65 years of age in service vests with
the Chandigarh Administration and they have already raised a claim for the
same by filing an appropriate representation before authorities concerned
and the Chandigarh Administration be directed to decide the same so that, in
case the Chandigarh Administration decides to grant the said benefit of
further extension in service, no legal hurdles are created for either of the
parties.
72. Learned counsel for the Chandigarh Administration submits
that in case, any such representation is received at the hands of the Teachers
CWPs No.29295, 29070, 17842, 28257, 28867, 28369 and 28591 of 2024,
the same will be decided upon in accordance with the law by passing an
appropriate speaking order within a period of 8 weeks from the receipt of
copy of this order and in case, such representation has already not been
decided and in case, it is found that the petitioners in CWPs No.29295,
CWP-15912-2024 (O&M) and other connected cases
-41-
29070, 17842, 28257, 28867, 28369 and 28591 of 2024 are entitled for the
benefit further extension in service, beyond the age of 65 years, the same
will be released otherwise due reasons will be mentioned for not accepting
the claim of the Teachers in CWPs No.29295, 29070, 17842, 28257, 28867,
28369 and 28591 of 2024 in the speaking order to be passed and the said
order will be duly conveyed to them.
73. Learned counsel for the petitioners in CWPs No.29295, 29070,
17842, 28257, 28867, 28369 and 28591 of 2024 submits that keeping in
view the statement of learned counsel for the respondents, Teachers are
satisfied.
74. Pending application, if any, also stands disposed of.
75. Photocopy of this order be placed on the files of other connected
files.
(HARSIMRAN SINGH SETHI)
JUDGE
29-08-2025
Sapna Goyal
(VIKAS SURI)
JUDGE
NOTE: Whether speaking: YES
Whether reportable: YES
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