No retiral benefit to Panjab University faculty for services beyond 60, says Punjab and Haryana High Court

Tribune News Service

Chandigarh, October 4

The Punjab and Haryana High Court has made it clear that Panjab University (PU) teachers are not entitled to retirement benefits on account of services rendered beyond 60 — their age of superannuation.

A Division Bench also ruled that the appellant university was not liable to pay “on account of leave encashment” for the extended period of service.

The High Court had, vide interim orders, allowed the petitioners to continue their service beyond the age of 60. The appellant-university was also directed to release salary for the period the petitioners rendered services beyond the age of superannuation.

The university’s stand in the matter was that the writ petitions were finally dismissed, which amounted to nullifying the interim orders. It was settled proposition of law that the interim orders went along with the dismissal, except to the extent these have already been implemented.

The Bench asserted that it was of the considered opinion that expression ‘salary’ could not be deemed to include retirement benefits — gratuity, increment and determination of pension after considering the extended period of service. The appellant-university was supposed to give retirement benefits as per their regulations.

The appellant vide communication categorically informed the writ petitioners-faculty that they would be paid leave encashment as per the university regulations, but retirement benefits for the extended period of service would be paid in the light of the final order passed by the Punjab and Haryana High Court in “CWP No. 11465 of 2002”. The writ petitioners never challenged the communication and happily accepted salary for the extended period as well retiral benefits, which were determined considering the age of superannuation as 60 years.

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