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DEEPAK KUMAR TIWARI
Lalta Sharma (Dead), W/o Shir Chandrika Prasad Sharma, Ex- Assistant Librarian, through Lrs. Ajay Kumar Sharma, S/o Late Chandrika Prasad – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Dau Kalyan Singh Bhawan, Raipur Chhattisgarh – Respondent
ORDER ON BOARD :
1. Facts of the case, in brief, are that the petitioner was initially appointed on the post of Assistant Librarian vide order dated 16.09.1978 issued by Principal, Government Lal Chakradhar Shah College, Ambagarh Chowki, Rajnandgaon. The petitioner’s service conditions were governed by MP/CG Educational Service (Collegiate Branch) Recruitment Rules, 1990. According to the said Rules, the petitioner being an Assistant Librarian is stated to be an employee under the Teaching Department. The University Grand Commission (UGC), New Delhi vide Circular dated 19.10.2006 (Annexure-P/6) informed the Eduation Secretary all the All States Government and Union Territories and the Registrar of All Universities and Deemed Universities that age of superannuation for Assistant Librarians/College Librarians and Assistant Directors for Physical Education/College Directors of Physical Education would henceforth be 62 years. In pursuance of said circular, the State has also issued an order on 30.07.2007 (Annexure- P/7) and extended the age of superannuation in respect of Sports Teacher/Librarian till 62 years. Thereafter, Ministry of Human Resource Development Department of Higher Educ
The State has the discretion to frame its own laws relating to education and is not bound to accept or follow UGC regulations.
increasing the age of superannuation only in the case of Professors, there is no violation of Article 14 of the Constitution of India, as alleged, for the simple reason that whereas equals cannot be ....
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
The definition of 'Teacher' under the U.P. Act includes those recognized as such, entitling them to superannuation benefits.
The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.
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