9911796707
TMI Blog2022 (5) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... rvening period between 62 years and 65 years of age, we are of the opinion that appellant shall be entitled to all consequential and monetary benefits including the arrears of salaries and allowances for the intervening period, as if he would have been retired at the age of 65 years. The appellant being similarly situated teacher cannot be singled out. It is held that the appellant herein is entitled to the benefit of enhanced age of superannuation i.e., 65 years. He shall be entitled to all the consequential and monetary benefits including arrears of salaries and etc., as if, he would have been continued up to the age of 65 years. The arrears etc., shall be paid to the appellant within a period of six weeks' from today. However, co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... get the benefit of enhanced age of superannuation of 65 years. The appellant and others filed Writ Appeals before the High Court which came to be dismissed, relying upon the case of Dr. S.C. Jain (supra). However, subsequently the decision of the Full Bench of the High Court in the case of Dr. S.C. Jain (supra) has been set aside by this Court vide judgment and order dated 07.05.2019 in C.A. No. 46754676 of 2019 in the case of Dr. R.S. Sohane Vs. State of M.P. others; (2019) 16 SCC 796, and it is held that the teachers like the appellant are entitled to get the benefit of enhanced age of superannuation of 65 years. The parties to the aforesaid appeals filed M.A. Nos. 18381839 of 2019 with I.A. No. 119950 of 2019 before this Court claimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has also relied upon the common judgment and order dated 07.09.2021 passed by the Division Bench of the High Court in Writ Appeal No. 378/2018 and other allied appeals, by which, after the review applications were allowed, the aforesaid writ appeals were restored to the file and the Division Bench of the High Court has directed the State to pay all the consequential and monetary benefits to all similarly situated teachers and assistant professors for the intervening period between 62 years and 65 years of age. It is submitted that all similarly situated teachers are therefore, paid all consequential and monetary benefits for the period between 62 years and 65 years of age, as if they would have been continued up to 65 years of ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State that on the principle of 'no work no pay' such teachers are not entitled to any monetary benefits. However, the High Court vide detailed judgment and order has negated such a plea and defence and has observed that as the teachers were prevented from serving up to the age of 65 years though they were entitled to, as held by this Court in the case of Dr. R.S. Sohane (supra), they cannot be denied the monetary benefits for the intervening period. It is reported that the said judgment and order passed by the Division Bench of the High Court has been implemented by the State after the Special Leave Petition against the said judgment and order has been dismissed by this Court. 5. In view of the above discussion and for the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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