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2012 Supreme(Del) 1495

A.K.SIKRI, RAJIV SAHAI ENDLAW
Krishan Gopal – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Petitioners:Dr. Sarabjit Sharma, Ms. Anu Tyagi, C. Mukund, Advocates.
For the Respondents:Sumeet Pushkarna, Adv. for UOI, Amitesh Kumar, Adv. for UGC, S.C. Dhanda, Advocate for JNU, Ms. Manjusha Wadhwa, Advocate for UOI.

Judgment :-

A.K. SIKRI, ACJ.

1. In both the petitions, the petitioners are the employees of Jawaharlal Nehru University working as Deputy Librarian and Directors of Physical Education (DPE). They are seeking a declaration that their status be treated as that of a “teacher’and, therefore, the Notification dated 31.12.2008 vide which retirement age of teachers is fixed at 65 years should be made applicable to them also. Since this Notification specifically excludes library staff as well as staff of physical education, prayers are also made for declaring the exclusionary part of the Notification as unconstitutional.

2. Vide impugned Notification dated 31.12.2008, the Ministry of Human Resource Development (Department of Higher Education), Government of India has decided to revise the pay scales and other service conditions of the teachers in Central Universities. Since we are not concerned with revision of pay scale or other service conditions but the limited scope of these writ petitions is confined to the re-fixation of the age of superannuation for teachers, we hereby reproduce that part of the Notification:

“8. Other terms and conditions:

(a) to (e) xxx xxx xxx

(f) Age of Supera















































































































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