Allowed

Sudhir Kumar v. the State of Hp and Others

Himachal Pradesh HC17 Dec 2024CWP/15098/2024

Case brief

AI extract

What is this about?

This writ petition by an Assistant Professor seeking to extend service end date from 60 years age until the close of the current academic session (30.06.2025) was allowed. Respondents are directed to permit continued service and release grant-in-aid for salary dues.

What did the court decide?

Petitioner permitted to continue service till 30.06.2025; Respondents directed to release grant-in-aid (95% State share + 5% college share) for salary disbursement.

Sudhir Kumar Vs the State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No. 15098/2024 Decided on: 17.12.2024 Dr. Sudhir Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

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For the petitioner: Mr. Manik Sethi, Advocate. For the respondents: Mr. Sikander Bhushan Deputy General, for respondents No.1 & 2. Mr. Yudhvir Singh Thakur, Advocate, for respondent No.3. Ms. Ranjana Parmar, Advocate vice Ms. Archana Dutt, Advocate, for respondent No.4.

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Jyotsna Rewal Dua , J

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Petitioner is serving as Assistant Professor Chemistry in respondent No.3-College, which is affiliated to respondent No.4University. Petitioner is going to attain the age of 60 years on 08.01.2025. He seeks to continue in service till 30.06.2025 i.e. the date of end of current academic session for the undergraduate classes in the colleges affiliated with respondent No.4-University. Relief has been prayed for in light of the provisions of Himachal

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1 Whether reporters of the local papers may be allowed to see the judgment?

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Pradesh University Act, 1970 and Statutes, Ordinances and Regulations made thereunder and in terms of Handbook, Volume-II (The First Ordinances of Himachal Pradesh University, 1973) Appendix-A, Chapter XXXVIII, paragraph 38.5 B(d) Part-I, Rule 12.

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In support of the relief claimed, learned counsel for the petitioner has placed reliance upon several decisions rendered by the Court on the issue more particularly in Ajay Kapoor Vs. State of H.P. & Ors² , Ajay Kapoor Vs. State of H.P. & Ors³ and Dr. C.P. Kaushal Vs. State of H.P. & Ors.⁴ .

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In the aforesaid decisions apart from permitting the petitioners to continue to serve till the next academic session, they were also held entitled for grant-in-aid on the same terms as was existing during their service tenure prior to attaining the age of 60 years.

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On being put to notice, learned counsel for respondent No.3 has placed on record instructions dated 16.12.2024, in terms of which, respondent No.4-College has no objection to allow the petitioner to serve upto 30.06.2025.

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Learned counsel for respondent No.4 has also placed on record office instructions dated 16.12.2024 stating therein that the

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2CWP No. 3301/2019 decided on 28.11.2019

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3CWP No.3156/2020 decided on 22.09.2022

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4CWP No. 4923/2022 decided on 31.10.2022

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semester system prevalent in the respondent-University has now been switched over to annual system.

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In view of above, this writ petition is allowed. The petitioner is permitted to continue in service till the end of academic session i.e. 30.06.2025. Respondents are further directed to release the grant-in-aid ( 95% State share + 5% college share) for disbursement of due and admissible salary to the petitioner, which he is drawing as on date. Pending miscellaneous application(s), if any,

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shall also stand disposed of.

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Jyotsna Rewal Dua Judge

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17^th December, 2024(rohit)

Sudhir Kumar v. the State of Hp and Others

Case brief

What is this about?

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Sudhir Kumar v. the State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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