LI Network
Published on: November 07, 2023 at 12:23 IST
The Supreme Court has ruled that professors who continued to teach students until the end of the academic year despite reaching retirement age during the session are entitled to payment for their extended service.
This judgment came following an appeal filed by four professors at Calicut University who were denied their salary for their work after their retirement.
A bench consisting of Justices Surya Kant and Dipankar Datta heard the appeal and affirmed the professors’ right to receive compensation for their extended service beyond the age of superannuation.
The professors had reached the age of superannuation, which is 60 years, on various dates in 2012. They continued to serve the university until the academic session’s conclusion on March 31, 2013.
The Court rejected the argument that the professors should not have worked beyond their retirement age, emphasizing that, as academicians, they considered it their moral responsibility to complete the academic session.
The Court’s decision ensures that the professors are suitably compensated for their extended service, and their salary for this period is to be disbursed with interest at a rate of 6.5% per annum.
Case Background:
The professors’ claim for compensation was initially denied by the university authorities, leading them to seek redress in the High Court. A Single Judge Bench of the High Court ruled in favor of the professors, noting the practice and precedent of allowing teachers to continue until the end of the academic year. The High Court affirmed that the professors had not misrepresented their situation and were entitled to receive their salary and allowances.
However, the University challenged this decision before a Division Bench of the High Court, which held that the professors could not be equated with regular employees and were not entitled to any remuneration after retirement. This led to the professors’ appeal to the Supreme Court.
The Supreme Court upheld the decision of the Single Judge Bench and ruled that the professors, who continued to serve until the end of the academic session after reaching retirement age, were entitled to their emoluments and other service benefits for the extended period.
The Court ordered the disbursement of salary for the extended period with interest and directed that no recovery of the amount should be made from the University’s employees; instead, it should be funded by the University.