Professors Entitled To Salary For Work Done Till End Of Academic Year Despite Attaining Retirement Age Mid Term : Supreme Court

Professors who continued to teach students till the end of the academic year despite attaining the age of retirement during the middle of the session are entitled to be paid for work they did beyond their retirement age, held the Supreme Court recently.

A bench comprising Justices Surya Kant and Dipankar Datta was hearing an appeal filed by four professors at the Calicut University, who were declined their salary for the period they served after their retirement.

They attained the age of their superannuation i.e. 60 years on 12.11.2012, 01.12.2012, 01.10.2012 and 04.10.2012 respectively. They continued to serve the University till the end of the academic session on 31.03.2013. 

The contention that the professors were aware of their superannuation age and ought not to have worked beyond the age of 60 years did not find favour with the Court. Instead, the Court stated that the appellants/ professors being academicians took it as their moral responsibility to complete the academic session and continued to perform their duties till the end of the academic session.

 "The contention that the appellants were aware of the age of their superannuation and ought not to have worked beyond the age of 60 years cannot be appreciated for the reason that the appellants being academicians took it as their moral responsibility to complete the academic session and continued to perform their duties till the end of the academic session on 31.03.2013. The appellants are, therefore, entitled to be suitably compensated for the said extended period."

It is important to note, that the claim of professors were turned down by the authorities; leading them to approach before the High Court. The judgment passed by a Single Judge Bench ruled in favour of professors. Therein, the Court observed that there was a practice and precedent to allow the teachers to continue till the end of the academic year and that the professors had not misrepresented for allowing them to discharge their duties. Thus, it was categorically held that their salary and allowances cannot be withheld.

Assailing the same, the University approached the Division Bench of the High Court. By its impugned judgment, the High Court held that the Professors cannot be equated to the employees and are not entitled to any amount after their retirement. In this backdrop, the present appeal was filed.

The Top Court affirmed the decision passed by the Single Judge Bench of High Court. It held that “it is an admitted fact that the appellants were retained in the service till the end of the academic session and have worked after the age of their superannuation…. It appears to us that the appellants are entitled to the emoluments and other service benefits for the said extended period.”

In view of the same, the Court was of the firm opinion that the professors should be compensated suitably for this extended period and passed the aforementioned direction. The salary for the extended period was directed to be disbursed with interest @ 6.5% per annum.

Before parting, the Court also directed that no recovery of the amount shall be effected from the employees of the University and will instead be disbursed by the University’s funds.

The appellants were represented by Adv Dr. K.M. George, Jogy Scaria (AoR) and Adv Chithra P. George.

 Case Title: C. RAJENDRAN & ORS. v. UNIVERSITY OF CALICUT & ORS., CIVIL APPEAL Nos.7075-7076 OF 2023

Citation : 2023 LiveLaw (SC) 960

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