The main legal point established in the judgment is the applicability of Punjab University Calendar Regulations in determining the age of superannuation for teachers in privately managed colleges, and the reasonable classification between government and government-aided private colleges based on financial liabilities and grants-in-aid.

JUDGMENT :

SURESHWAR THAKUR, J.

Factual Background

1. The petitioner herein is working as a teacher (Associate Professor) in a Govt. aided privately managed college namely Sri Guru Gobind Singh College, Sector-26, Chandigarh affiliated to Punjab University, Chandigarh. The petitioner is seeking the making of a writ of mandamus, thus directing the respondents concerned, to raise her age of superannuation till 65 years, hence in terms of UGC Regulations, which have already been adopted and implemented by the Punjab University, Chandigarh.

2. The petitioner is averred to attain the age of 60 years on 10.12.2023. She is aggrieved against her proposed retirement at the age of 60 years, despite the fact that all the teaching staff, thus working in the Government Colleges of U.T., Chandigarh, are permitted to serve till the age of 65 years, given the superannuation age standing enhanced to 65 years, owing to the adoption/applicability vide notification dated 29.03.2022 (Annexure P-39) of the Central Pattern of Rules in U.T. Chandigarh.

3. Furthermore, a prayer is also made for the quashing and setting aside of the communication dated 15.02.2023 (Annexure P-50), whereby clarification has been given by the Secretary Education, Chandigarh Administration, to the Principals of privately managed Govt. Aided Colleges in U.T. Chandigarh, that insofar as the adoption/applicability vide notification dated 29.03.2022 (Annexure P-39) of the Central Pattern of Rules in U.T. Chandigarh, rather is concerned, thus the same relating only to the Govt. Colleges and the Technical University under the administrative control of the Administrator of Union Territory of Chandigarh, and, has nothing to do with the private aided colleges/institutions.

Submissions of the learned counsel for the petitioner.

4. The learned counsel for the petitioner has made a claim for grant of the writ reliefs inter-alia on the following submissions:

(i) Since the privately managed aided colleges in Chandigarh are receiving grants-in-aid from Govt. of India, Ministry of Home Affairs, which is being disbursed through Chandigarh Administration, as such UGC Regulations in the matter of age of superannuation, duly apply to the petitioner.

(ii) During the years 1991 to March 2022, the service conditions including superannuation age etc of the members of teaching faculty of privately managed aided colleges, were governed by the relevant rules of Govt. of Punjab, which had been specifically notified and adopted by the Govt. of India, and, also had been made applicable vide notification dated 15.01.1992 (Annexure P-13) qua the employees of Chandigarh Administration, and, later had been extended qua the employees of the privately managed aided colleges of Chandigarh. As such, the members of teaching faculty in privately aid colleges would retire at the age of 60 years, because correspondingly under the Punjab Civil Service Rules, the age of retirement had been fixed at 60 years.

(iii) However, vide notification dated 29.03.2022 (Annexure P-39), whereby the Punjab Rules of 1992 became abrogated and the Central Rules came into force, vis-a-vis, the service conditions (including age of retirement) of the employees of Chandigarh Administration. Consequently, it is submitted that from 01.04.2022, the age of superannuation of the teaching faculty of Government colleges, in Chandigarh Administration, thus is governed by the Central Service Rules. As such, the Teachers in the Govt. Colleges in Chandigarh Administration would now be superannuating at the age of 65 years.

(iv) Therefore, it is argued that with the said notification i.e. Annexure P-39, being restricted only to the service conditions of the members of the teaching faculty of Government Colleges in the Chandigarh Administration, besides when the apposite Punjab Rules were abrogated vide notification dated 29.03.2022, thereby there are no rules governing the service conditions of the teachers of the Government aided privately managed colleges i