The central legal point established in the judgment is the interpretation of notifications and circulars regarding the age of superannuation and the parity between teaching and non-teaching staff.

M.L. Mehta, J.

1. In this writ petition, Circulars/Notifications dated 12.10.2000 and 16.10.2000 retiring the Petitioner with effect from 31.10.2000 are under challenge. The relief sought is for issuance of appropriate writ, directing the Respondents not to take any action in the matter of retirement/superannuation of the Petitioner till he attains the age of 62 years.

2. As per various office orders, notifications and circulars which came to be issued by the Respondent from time to time to be noted hereinafter, it would be seen that the Petitioner was employed as Librarian and his age of superannuation in this position was 62 years whereas he was made to retire vide impugned Circulars/Notifications at the age of 60 years and consequently, the Petitioner was entitled to reliefs to be granted hereinafter.

3. The Petitioner was serving as Deputy Finance Officer with Respondent No. 3. Vide its letter dated 27.07.1998, Respondent No. 1 enhanced the age of superannuation for the Universities, Colleges teachers to 62 years. Clause (vi) of this letter/notification reads as under:

Age of Superannuation The age of superannuation of university and college teachers would be 62 years and thereafter no extension in service should be given. However, it will be open to a university or college to re-employ a superannuated teacher according to the existing guidelines framed by UGC upto the age of 65 years.

4. In pursuance of the said notification issued by Respondent No. 1, the Respondent No. 3 i.e. the university with which the Petitioner was employed issued circular dated 8.2.1999 stating that the age of the named officers of the university to be 62 years. Subsequently vide another letter dated 6.11.1998, issued by the Respondent No. 1, the age of superannuation of the Registrars, Librarians, Physical Education Personnel, Controllers of Examinations, Finance Officers and such other university employees also treated at par with the teachers and whose age was 60 years, was also enhanced to 62 years. Clause 4 of this latter reads as under:

Age of Superannuation The age of superannuation of 62 years indicated in para 1(vi) of our letter under reference shall also be applicable to Registrars, Librarians, Physical Education Personnel, Controllers of Examinations, Finance Officers and such other university employees who are being treated at par with the teachers and whose age of superannuation was 60 years.

5. The Petitioner being Deputy Finance Officer was thus to retire at the age of 62 years as per this letter dated 6.11.1998 of the Respondent No. 1. A notification was issued on 16.2.1999 in pursuance of the aforesaid circular of 8.2.1999 regarding the age of superannuation of Public Relation Officers was also to be raised to 62 years with effect from 6.11.1998. The Respondent No. 3 sought clarification from the Respondent No. 1 vide its letter dated 26.3.1999 with regard to the age of superannuation to be 62 years regarding the officers named in the letter dated 6.11.1998.

6. Taking note of the letters dated 27.7.1998 and 6.11.1998 of Respondent No. 1, the University Grants Commissions (UGC) issued a notification containing Regulations which were to come into operation with immediate effect. The notification of UGC issued on 24.12.1998 reads as follows:

16.0.0. SUPERANNUATION and REEMPLOYMENT of TEACHERS

16.1.0 Teachers will retire at the age of 62. However, it is open to a University or a college to re-employ a superannuated teacher according to the existing guidelines framed by the UGC up to the age of 65 years.

16.2.0. Age of retirement of Registrars, Librarians, Physical Education personnel, Controllers of Examinations, Finance Officers and such other university employees who are being treated at par with the teachers and whose age of superannuation was 60 years, would be 62 years. No re-employment facility is recommended for the Registrars, Librarians and Directors of Physical Education.

7. The matter did not rest here. The Respondent No. 1 vi