State Of Bihar Through The Principal Secretary, Human Resources Development Deptt. , Govt, Of Bihar, Patna vs Prof. (Dr. ) Jagdish Prasad Sharma S/o Late Tipan Prasad Singh,Veer Kunwar Singh University Through Its Registrar,Dr. Gobardhan Singh S/o Late Bhagwan Singh,Harihar Prasad Singh S/o Late Chotu Singh,Dr. Nava Kumar Goswami S/o Late Sachindra Mohan Gosw

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(Pat) 1298

PATNA HIGH COURT
Dipak Misra and Mihir Kumar Jha JJ.
State Of Bihar Through The Principal Secretary, Human Resources Development Deptt., Govt, Of Bihar, Patna
Versus
Prof.(Dr.) Jagdish Prasad Sharma S/o Late Tipan Prasad Singh : Veer Kunwar Singh University Through Its Registrar : Dr.Gobardhan Singh S/o Late Bhagwan Singh : Harihar Prasad Singh S/o Late Chotu Singh : Dr.Nava Kumar Goswami S/o Late Sachindra Mohan Goswami : Prof.(Dr.) Satish Chandra Jha S/o Late Krishna Chandra Jha : Dr.Mira Mridubhashini W/o Dr.Pramod Kumar Verma : Prof.Satayendra Lal S/o Late Rajkishore Lal : Kamta Prasad Mishra : Dr.Debendra Kumar Das S/o Late M.N.Das : Dr.Umesh Singh S/o Sri Mishri Singh : Qurban Haider S/o Late Zulfidar Haider @ Badal Babu : Dr.Kailash Prasad S/o Late Sri Ram Keshwar Mahto Professor-in-charge, Deptt.Of Psychology : Bachcha Mishra S/o Late Lal Balbodh Mishra : Prof.(Dr.) Kameshwar Prasad S/o Late Ayodhya Prasad : Raj Nandan Yadav S/o Late Rameshwar Yadav, University Professor, Deptt.Of Philosophy : Dr.Ram Yatan Thakur S/o Late Shukhdeo Thakur : Dr.Yamuna Prasad Yadav S/o Late Hari Prasad Yadav : Chandrashekhar Chaudhary S/o Late Subh Narayan Chaudhary : Dr.Devendra Prasad Singh S/o Late Nagendra Prasad Singh, University Professor, Post Graduate, Department Of History : Janardan Yadav S/o Late T.L.Yadav : Dr.Sidheshwar Prasad Sinha S/o Satyadeo Pd.Sinha : Prof.(Dr.) Nihar Nandan Prasad Singh S/o Late Saryoog Nandan Prasad Singh : Dr.Akhoury Ananteshwar Prasad S/o Late Akhoury Harihar Prasad : Birendra Prasad Singh S/o Late Maheshwar Narayan Singh : Yogendra Prasad Singh : Prof.(Dr.) Tarkeshwar Singh S/o Late Ram Bachan Singh : Kishori Sharan S/o Late Ram Prit Sharma : Rameshwar Prasad S/o Late Hari Charan Prasad : Dr.Randhir Singh Son Of Late Sriram Singh : Dr.Bhupendra Narayan Yadav S/o Late Nathan Prasad Yadav, University Professor Of Physics
Letter Patent Appeal No. 117 of 2010 278 of 2010 289 of 2010 293 of 2010 295 of 2010 345 of 2010 384 of 2010 354 of 2010 424 of 2010 441 of 2010 519 of 2010 526 of 2010 574 of 2010 578 of 2010 580 of 2010 416 of 2010 589 of 2010 592 of 2010 401 of 2010
Decided On : MAY 18, 2010

Headnote:University Laws-Patna University Act, 1976-Section 64 and Bihar State Universities Act, 1976-Section 67 (a) r/w Letter dated 31.12.2008 of the Department of Higher Education, Government of India-Enhancement of age of Superannuation of teachers working in different universities and colleges of the State of Bihar-Whether in the backdrop of the letter dated 31.12.2008 of Department of Higher Education, Govt. of India the superannuation age of University and College Teachers of Bihar is automatically enhanced to 65 years ?-the learned Single Judge allowing the enhancement of age-on the recommendations of the UGC, the Central Government revised the pay scales and enhanced the age of superannuation of Central University teachers to 65 years-by the said letter dated 31.12.2008, which was addressed to the UGC with a copy to the Chief Secretaries of States, the Govt. of India extended the benefit of the scheme to the University, College, and higher educational institutions-falling under the purview of the State Legislature-the UGC has not taken any decision regarding age nor has framed any Regulation, nor issued any notification in the regard-the UGC has also made it clear that there is no guideline, no notification or Regulation relating to the superannuation age of University teacher other than those of the Centrally funded educational institutions-the legislative intent behind Section 67(a) of Bihar Universities Act and Section 64 of the Patna University Act having been that whenever a decision is taken, that is to say, when Regulation is framed or a notification is issued, the same should be given effect to without further amendment, in the absence of a decision which would mean a decision in law having the colour, character and contour of a decision, a communication of this nature neither can be regarded as a decision nor can it be treated as a deemed fiction-learned Single Judge fell into error by holding that the decision has been taken by the U.G.C.-appeals allowed-Order of the learned Single Judge set aside. (Paras 42 and 43)
2008(3) PLJR 476, AIR 1951 SC 332, AIR 1960 SC 554, AIR 1990 SC 560, (2004)6 SCC 626-Referred to.

JUDGEMENT

1. As per Dipak Misra, CJ.Regard being had to the similitude of the contro. versy involved in this batch of letters patent appeals, they were heard analogously and are being disposed of by this common order. As the grievance has been projected in a common canvass, the facts from CWJC No. 2330 of 2009* which has given rise to L.P.A. No. 117 of 2010 are exposited hereinbelow.

2. The seminal issue that emanates for consideration is whether in the backdrop of the letter dated 31.12.2008 issued by the Deputy Secretary, Ministry of Human Resources and Development, Department of Higher Education. Government of India in the context of Section 64 of the Patna University Act. 1976 (for brevity. Patna University Act) and Section 67(a) of the Bihar State Universities Act, 1976 (for short the 1976 Act), the age of superannuation of teachers working in different universities and colleges of Bihar would automatically be enhanced to 65 years in view of the decision of the University Grants Commission (for short the UGC).

3. ***********

4. The writ petitioners-respondents no. 1 & 2 herein were to superannuate on 28.2.2009 and 31.3.2009 respectively. On the recommendations of the UGC, the Government of India, Ministry of Human Resources Development, Department of Higher Education issued a letter no. F-1-22/97-UI dated 27.7.1998 addressed to the Secretary, UGC conveying the decision regarding the age of superannuation and other terms and conditions of service of teachers. It has been specifically mentioned in the said letter that the age cf superannuation of the university and college teachers would be 62 years and thereafter no extension shall be granted. In view of the above notification, the age of superannuation of teachers in the Patna University was also enhanced from 60 to 62 years by making an amendment in Section 64 of the Patna University Act. Thereafter, the Ministry of Human Resources and Development, Department of Higher Education, Government of India vide letter dated 23.3.2007 decided the age of superannuation of all persons who were holding teaching positions on regular employment against sanctioned posts as on 15.3.2007 in any of the centrally funded higher and technical educational institutions under the said Ministry to be enhanced from 62 years to 65 years. The UGC by letter dated 30.3.2007/4.4.2007 circulated the aforesaid letter to the Registrars of all the Central/Deemed Universities as well as the Registrars of the State Universities for information and necessary action.

5. On the basis of the aforesaid information, writ petitions forming the subject matter of CWJCs No. 4823 and 5390 of 2008 were filed before this Court for enhancement of the age of superannuation. This Court did not entertain the said writ petitions and dismissed the same vide order dated 24.6.2008. A similar writ petition filed on behalf of the B.R. Ambedkar Bihar University Senior Teachers Association, being CWJC No. 4843 of 2008, also met with the same fate. The learned Single Judge had declined to allow the relief on the foundation that there was no conscious decision by the UGC for enhancement of the age of retirement in the State Universities to attract Section 67(a) of the 1976 Act and Section 64(a) of the Patna University Act. The Letters Patent Appeals preferred against the said decision did not meet with success.

6. When the matter stood thus as set forth, the UGC in its meeting dated 7th & 8th October, 2008 had taken a conscious decision and on its recommendations, the Central Government had revised the pay scales and enhanced the age of superannuation of the teachers of the Central Universities to 65 years. A notification to the said effect had been issued by the Government of India. A reference has been made to letter no. 1- 32/2006-U.II/U.I(i) issued by the Ministry of Human Resources Development, Department of Higher Education on 31.12.2008 which was addressed to the Secretary, UGC with a copy to the Chief Secretaries of all the S

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2010 Supreme(Pat) 1298

Cases Referred (6)