Panjab University vs Inder Mohan Joshi on 28 September, 2022
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LPA No. 1104 of 2017 (O&M) and connected cases -18-
Apex Court even after attaining the age of 62 years but
their post retiral benefits shall be calculated on the basis
of salary drawn when the petitioners attained the age of
superannuation, i.e. 62 years. Respondents nos. 2, 3 and
6 are directed to make the payment to the petitioners after
necessary verification, within a period of two months as
directed above from the date of presentation of the
certified copy of this order in accordance to law."
A Division Bench of this Court in Ram Kumar Shastri vs.
State of Haryana and others, 2012 SCC Online P&H 3335 has held that
if a person is allowed to continue beyond the age of superannuation, the
additional period of service is re-employment and not retention and
accordingly, employee shall be entitled to superannuation benefits from the
date he attains age of superannuation. Paras 4 and 5 of the order are
reproduced as below:-