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SURESHWAR THAKUR, SUDEEPTI SHARMA
Bandna Goindi – Appellant
Versus
Union of India – Respondent
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 g
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, an....
The distinction between Government and privately managed schools is a reasonable and valid classification, and the Punjab Act and Central Service Rules govern the service conditions of teaching facul....
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.
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....
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
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