Affiliation with a university mandates adherence to its ordinances, overriding prior bye-laws regarding retirement age for teachers.

JUDGMENT :

(Sandeep Sharma, J.)

Being aggrieved and dissatisfied with the order dated 13.09.2024 (Annexure P-5), whereby petitioner has been ordered to be retired, on attaining the age of 58 years, petitioner has approached this Court in the instant proceedings, praying therein for the following main relief:

“I. That the impugned order at Annexure P-5 may very kindly be quashed and set aside to the extent the petitioner has been ordered to be retired at the age of 58 years and respondents may kindly be restrained from retiring the petitioner on 30.04.2025 on his attaining the age of 58 years and he may kindly be allowed to continue to work in terms of Rule 12 of the H.P. University Ordinance and H.P. University Handbook Part-II First Ordinance 1973, Appendix-A Chapter XXXVIII, para 38.5B(d) para 1 till his attaining the age of 60 years, in the interest of justice.

2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that petitioner after having passed M.A. Sanskrit and Hindi from Himachal Pradesh University, was appointed as Teacher in the subject of Sanskrit in Shree Maa Sanskrit Mahavidyalaya Jawalamukhi, District Kangra, Himachal Pradesh on 05.09.1997. In the year 2016-17, afore institution got itself affiliated with Himachal Pradesh University , Shimla. In the year 2018, petitioner herein came to be promoted as Head Teacher in the pay-scale of Rs.10300-34800+4400 Grade Pay. Since prior to affiliation with respondent-University, College in question was being governed by bye-laws of Trust and as per bye- laws, employee including Teachers were to superannuate at the age of 58 years, coupled with the fact that vide communication dated 13.09.2024, issued under the signatures of Temple Officer, Temple Shri Jawalamukhi, Joint Commissioner-cum-SDO(C), Jawalamukhi, District Kangra, Himachal Pradesh, came to be apprised that as many as eight employees are to be retired on the date given in the aforesaid communication (30.04.2025 in the case of the petitioner), petitioner has approached this Court in the instant proceedings, praying therein for reliefs, as have been reproduced hereinabove.

3. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Bhuvnesh Sharma, learned Senior Counsel representing the petitioner is that though after year 2016-17, respondent-Institution stands converted into College and on account of its affiliation with Himachal Pradesh University, it is governed by the Ordinances of Himachal Pradesh University. While referring to Appendix ‘A’, Chapter XXXVIII Paragraph 38.5B(d) (Annexure P-4), which provides for rules relating to the teachers in non-government affiliated colleges, Mr. Sharma, learned Senior Counsel representing the petitioner argued that word ‘Teacher’ shall include the Principal unless otherwise stated and in terms of Clause 12 of aforesaid rules, every teacher shall retire at the age of 60 years or at the end of the semester of the academic session even though he may have attained the age of 60 years. Mr. Sharma states that since petitioner shall attain the age of 60 years in May 2027, he cannot be permitted to retire prior to afore date.

4. To the contrary, Mr. Deepak Sharma, learned counsel representing the respondents No.2 to 4 vehemently argued that petitioner institution is not governed by Ordinances of Himachal Pradesh University, rather same is governed by its bye-laws, which specifically provide for retirement of an employee of the Trust at the age of 58 years. He submitted that as per bye-laws/Rules 2000 (Rule 3(i) Part-III), every employee of Institution shall retire at the age of 58 years. While fairly acknowledging factum with regard to affiliation of the Institution with Himachal Pradesh University, Mr. Deepak Sharma, learned counsel representing the respondents No.2 to 4 attempted to argue that mere affiliation, if any, with Himachal Pradesh University would not make any dif