The Allahabad High Court has rejected a special appeal by two assistant teachers seeking the “session benefit” after they had utilised the facility once. The benefit implies extension given to retiring teachers in the middle of an academic session till the end of that particular session to ensure continuity.
A division bench of Chief Justice D Y Chandrachud and Yashwant Varma rejected the special appeal, filed by Dulare Lal and another, on July 24.
The two petitioners had gone in special appeal after their petition initially was rejected by a single judge bench on June 23.
One of the two assistant teachers was due to retire on January 2, and other on January 14, this year, on attainment of 62 years. However, since these dates fell in the middle of a session, they were granted extension till June 30, which was the culmination of the session for 2014-15.
On June 17, however, just 13 days before their retirement (after extension), the academic session was changed from April 1, 2015, to March 31. The teachers, therefore, approached the court seeking further “session benefit” by extending their retirement till March 31, 2016.
The court, however, said that the relevant regulation, through which the academic session was changed from July-June to April-March did not provide for extending the age of superannuation.
The petitioners had already attained the age of superannuation and had availed of the session benefit once, as provided under law. Therefore, there was no scope for the teachers to be granted a second extension, the court said.