STATE OF PUNJAB versus DEV DUTT KAUSHAL ETC.

STATE OF PUNJAB versus DEV DUTT KAUSHAL ETC.

The respondent is not entitled to pension or to continue in service till age 60, since the gift deed and government rules require treatment as a new entrant; only service under the government counts for pension, with no clause preserving retirement age of the private college or allowing past private service to be...

Source-derived case information.

Parties
Appellant: State of Punjab and Ors.; Respondent: Prof Dev Dutt Kaushal, Lecturer
Jurisdiction
India
Judgment Date
28 August 1995
Procedural Posture
Civil Appeal / Decision on Appeal From Division Bench Judgment of Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Retirement, Pension, Absorption of Staff, Government Rules Applicability, Private Educational Institutions Taken Over, Contributory Provident Fund
Service Law Retirement Pension Absorption of Staff Government Rules Applicability Private Educational Institutions Taken Over Contributory Provident Fund

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

State of Punjab and Ors.

Appellant

Prof Dev Dutt Kaushal, Lecturer

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Division Bench Judgment of Punjab & Haryana High Court

Legal Issues

  1. 1 Whether service rendered in a private college prior to government takeover is to be counted for pension under government rules
  2. 2 Whether the respondent is entitled to continue in service till age 60 or as per government prescribed superannuation age

Ratio Decidendi

The respondent is not entitled to pension or to continue in service till age 60, since the gift deed and government rules require treatment as a new entrant; only service under the government counts for pension, with no clause preserving retirement age of the private college or allowing past private service to be counted for pension.

Court Disposition

Appeal allowed

Orders

  • Judgment of Division Bench set aside
  • Judgment of Single Judge restored