Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Vijay Kumar Vishal – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. state rules govern superannuation at 58; ugc not ipso facto. (Para 5) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Vijay Kumar Vishal, had initially filed an Original Application No.285 of 2007, before Learned State Administrative Tribunal and upon abolition of Tribunal, the matter stood transferred to this Court, as CWPOA No.370 of 2019, seeking the following reliefs :-
“(a). That Annexure A-7, whereby the respondents have proposed to retire the applicant in an illegal manner may kindly be quashed and set-aside.
(b). That the respondents may kindly be directed to allow the applicant to work as Lecturer College Cadre upto the age of 62 years as per U.G.C. Notification at Annexure A-8.
(c). That the respondents may kindly be directed to pay and release salary to the applicant at the rate admissible to the applicant as lecturer college cadre w.e.f. February 2006 till date.”
FACTUAL MATRIX:
2. Grievance of the petitioner is that he was appointed as Lecturer [English] in College Cadre privately managed in Goswami Ganesh Datt Sanatan Dharam College [G.G.D.S.D College 95% aided] and affiliated to Himachal Pradesh University in May 1971 and he joined as such on 25.07.1971, in the r
UGC Regulations prescribing superannuation at 62 years for college teachers not binding on State Government employees unless expressly adopted by State via service rule amendments.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
The UGC Regulations apply to universities and colleges receiving substantial financial assistance from the State Governments and cannot be enforced on private unaided institutions. The age of superan....
Upper age limits in recruitment can conflict with national regulations, emphasizing the need for consideration of qualifications without arbitrary restrictions.
The fixation of an upper age limit for Assistant Professor positions is a policy decision of the State, and the High Court's supervisory jurisdiction under Article 227 is limited to correcting errors....
The age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
The court emphasized the employer's discretion in fixing the age of superannuation and upheld the validity of Rule 19 of the 1974 Rules, highlighting the State's decision not to implement the UGC Reg....
Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.
University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
