Himachal Pradesh High Court
Smt. Sulekha Sharma vs State Of H.P. And Others on 13 September, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2158 of 2018 .
Decided on: September 13, 2018
--------------------------------------------------------------------------- Smt. Sulekha Sharma ................Petitioner Versus State of H.P. and others ....Respondents
--------------------------------------------------------------------------- Coram Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?
--------------------------------------------------------------------------- For the petitioner r : Mr. Sunny Dhatwalia, Advocate. For the respondents : Mr. Ashok Sharma, AG with Mr. Ajay Vaidya, Sr. AAG and Mr. J.K. Verma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, AAG's, for respondents-State.
Mr. Avneesh Bhardwaj,
Advocate, for respondents No.2
to 4.
Mr. Surender Verma, Advocate,
for respondent No.5.
--------------------------------------------------------------------------- Sanjay Karol, Acting Chief Justice (oral):
Petitioner, by the medium of this petition, has mainly prayed for the following reliefs:
"i. That the appropriate writ may kindly be allowed and respondent is directed that the petitioner may permitted to continue till the end of the academic session.
ii. Further issue a writ, order or direction in the nature of mandamus for directions to the respondents not to replace the petitioner by another Lecturer and further directing the respondents to continue the petitioner in service till the end of session."
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1Whether the reporters of the local papers may be allowed to see the judgment? .
::: Downloaded on - 14/09/2018 22:59:48 :::HCHP 22. Admittedly, the petitioner is going to complete 60 years of age on 30.9.2018. However, in terms of the Hand Book, .
Vol.-II (The First Ordinances of Himachal Pradesh University, 1973), Appendix-A, Chapter XXXVIII, Paragraph 38.5 B(d), Part-1, Rule 12 relating to the Teacher of non-Government Affiliated Colleges, he is to be allowed to continue in service till the end of the semester or academic session even though he may have attained the age of 60 years.
3. It shall be apposite to refer relevant provision which reads thus:-
"12. Every teacher shall retire at the age of 60 years. However, a teacher shall be allowed to continue in service till the end of the semester or the academic session even though he may have attained the age of 60 years
4. It is not in dispute that the petitioner is teaching B.A. first year and B.A. IInd (3rd Semester) till the date of filing of the petition i.e. 11.9.2018. Out of these courses, the first one admittedly is academic session course and second one is a semester course. Therefore, in terms of Rule 12 (supra), the petitioner is entitled to continue in service till the end of the academic session.
5. This issue otherwise is no longer res integra in view of the earlier judgment of this Court in CWP No. 762 of 2017, ::: Downloaded on - 14/09/2018 22:59:48 :::HCHP 3 titled as Om Dutt Sharma vs. Baba Balak Nath Temple Trust & others which was subsequently followed by another .
Coordinate Bench of this Court in CWP No. 4349 of 2015, titled as Parshotam Dass Kalia vs. Himachal Pradesh University & others, decided on 27.06.2017 and modified vide order dated 04.09.2017.
6. Accordingly, the present petition is allowed and the petitioner is permitted to continue in service till the end of the academic session. Parties are left to bear their own costs.
Copy dasti.
(Sanjay Karol) Acting Chief Justice (Sandeep Sharma) Judge September 13, 2018 (vikrant/brb) ::: Downloaded on - 14/09/2018 22:59:48 :::HCHP