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2017 Supreme(Del) 375

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA and CHANDER SHEKHAR, JJ.
DR. LAKSHMY ANANTHA RAMAN – Petitioner
Versus
UNION OF INDIA & OTHERS – Respondents
WRIT PETITION (CIVIL) No. 5330/2015
Decided On : 02-02-2017

Advocates Appeared:
For the Petitioner: Mr. K. Venkatraman
For the Respondents: Mr. Jaswinder Singh with Mr. Brajesh Kumar

Headnote:

Retirement - Central Health Service - F.1-22/97-U.I. - F. No. 1-19/2006-U.II - 16.11.2006 - 16.9.2008 - 12.02.2009 - 23.3.2007 - 65 years - 62 years - University Grants Commission - Central Health Service - Demonstrator - Lady Hardinge Medical College - Smt. S.K. Hospital - Microbiology - Teaching Specialist Sub-Cadre - Pay Band-3 - Grade Pay Rs.7600 - Assistant Professor - Ph.D. - Medical Council of India - Regulations, 1998

Fact of the Case:

The petitioner, a Demonstrator at Lady Hardinge Medical College, sought retirement at the age of 65, citing benefit of extended age of superannuation. The Tribunal rejected her claim, stating that the post of Demonstrator did not belong to the teaching specialist sub-cadre of Central Health Service.

Finding of the Court:

The court found that the petitioner, with 31 years of teaching experience, was qualified as a teacher under the Medical Council of India Regulations. The court held that the petitioner was entitled to the benefit of enhanced age of superannuation of 65 years and ordered her retirement at 65.

Issues: The key issue was whether the petitioner, as a Demonstrator, was entitled to the benefit of extended age of superannuation to 65 years.

Ratio Decidendi: The court held that the petitioner, with her teaching experience and qualifications, satisfied the stipulations of the consolidated statement and the notification dated 23rd March, 2007, and was entitled to the benefit of enhanced age of superannuation of 65 years.

Final Decision: The court allowed the writ petition, ordering the petitioner's retirement at the age of 65 and directing the authorities to issue necessary orders and pay her salary as Demonstrator from a specified date.

JUDGMENT :

SANJIV KHANNA, J.

Dr. Lakshmy Anantha Raman in this writ petition impugns the order dated 16th April, 2015 whereby the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) has dismissed her Original Application No. 1379/2013 declining her prayer for retirement at the age of 65 years.

2. The petitioner had joined the third respondent-Lady Hardinge Medical College and Smt. S.K. Hospital and was appointed to the post of Demonstrator in the Department of Microbiology in 1981. At the time of recruitment, she was an M.Sc. (Medical Microbiology) with a Ph.D. (Microbiology) and had two years’ teaching experience in a medical college/institution. She was then slightly more than 28 years of age.

3. The post of Demonstrator is an isolated post and is not part of the Central Health Service.

4. The petitioner was retired when she attained the age of 60 years on 31st March, 2013. She was denied benefit of extended age of superannuation of 62 years applicable to university and college teachers, Registrars, Librarians, Physical Education personnel, Controller of Examinations, Finance Officers and such other employees, who were treated at par with teachers, vide consolidated statement based on letter No. F.1-22/97-U.I. issued on 27th July, 1998 followed by letters on 22nd September, 1998 and 6th November, 1998 by the Ministry of Human Resource Development. The relevant portion of the said consolidated statement is relevant and, therefore, is being reproduced:-

“(vi) Age of Superannuation (Annexure I)

The age of superannuation of university and college teachers, Registrars, Librarians, Physical Education personnel, Controller 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 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 the UGC up to the age of 65 years. (Annexure I & III)”

5. By another notification issued by the Ministry of Human Resource Development, Government of India, dated 23rd March, 2007, the Central Government in the light of existing shortage in teaching posts in Centrally funded institutions of higher and technical education under the Ministry, had decided as under:-

“(i) 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 educations under this Ministry shall be increased from present 62 years to 65 years.

(ii) Persons holding such regular teaching positions who have superannuated prior to 15.3.2007 on attaining the age of 62 years but have not attained the age of 65 years may be re-employed against vacant sanctioned teaching positions till they attain the age of 65 years, in accordance with the guidelines framed by the University Grants Commission.

(iii) All persons holding teaching positions against sanctioned posts may also be considered for re-employment beyond 65 years and up to the age of 70 years, against sanctioned vacant posts, if such posts are not filled up by regular candidates. However, such re-employments beyond the age of 65 years shall be done only after screening at the age of 65 years, under the extant guidelines to the University Grants Commission.

3. It is further clarified that the enhancement of retirement age as mentioned above and the provision for re-employment, will apply only to persons in teaching positions against posts sanctioned to Centrally funded higher and technical education institutions coming under the purview of this Ministry, in order to overcome the shortage of teachers.”

6. A reading of the consolidated statement would show that it was applicable to university and college teachers and other employees, like, Registrars, Librarians, Physical Education personnel an




























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