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.

JUDGMENT

Sanjeev Prakash Sharma, J.

The petitioner by way of this writ petition has prayed for quashing the order dated 30.08.2019 issued by the Respondent-University whereby he has been ordered to be retired immediately.

2. Petitioner, who is in person, has submitted that he was appointed on regular basis in the University in the year 2010 to the post of Dean and was re-designated as Dean-cum-Professor. At the time of his appointment, the University had not set up separate teaching department, which was started in the year 2016. The post was re-designated in the year 2018. He has been discharging his academic duties and is also designated as a Supervisor for Ph.D. The UGC as per its Regulations of 2010 has enhanced the age of superannuation of teachers to 65 years. The regulations of UGC have been adopted by the Board of Governor of the University and in view thereof the age of superannuation of teachers in the colleges of the university has also been enhanced to 65 years but the petitioner has been directed to retire at the age of 60 years. He submits that the action of the University is wholly illegal, arbitrary and in violation of UGC Regulations.

3. Petitioner further submits that the university does not have its own regulations or rules to govern the conditions of services of the employees and the UGC Regulations have been adopted for pay scales, qualifications, eligibility including fixing the service conditions of retirement, etc. The petitioner has been performing the work of teaching and has been regularly given teaching assignments and teaching classes in Applied Sciences- Physics. The petitioner has published 24 research papers in international journals and 7 students have been guided for award of Ph.D. in Applied Sciences-Physics after 2010. Thus, for all purposes, it is submitted that the petitioner is a teacher. The petitioner has been also assigned lab development in the University and the lab development is also a teaching work with regard to the practical studies in physics lab. The University circulated a letter on 03.12.2018 conveying its decision of enhancement of age of superannuation of the teachers in the technical institute to 65 years and also re-employment on contractual basis upto the age of 70 years. The petitioner attained the age of 60 years on 05.08.2019 but adopting the practice of retirement on the last day of June or last day of December, the University has issued a letter stating that his retirement age would be 31.12.2019. He also relies upon judgment of this Court in CWP No. 10316 of 2010 - Dr. A. C. Mongra and another v. State of Punjab and others, decided on 28.09.2011. It is further stated in the written submissions that as per UGC Regulations, Professor is required to have 14 teaching hours, minimum of 6 hours per week may have to be allocated for research activities for a teacher. It is stated that Faculty of Physical Sciences is a separate faculty. The petitioner had represented the University in three international conference and all expenses were borne by the University. He also conducted two National Workshops/ seminars on behalf of the University and Government of Punjab. Thus, he submits that he has worked more than the required time. It is further submitted that even as per AICTE Regulations, age of superannuation of the petitioner would be 65 years. The petitioner also submits that duties of Professor and of the Dean are identical. So far as the teaching experience is concerned, he was performing the duties of the teacher as per UGC Regulations. It is stated that Principals and Directors working under the University are working beyond the age of 60 years. To show that faculties are working beyond the age of 60 years, Annexures P-38 and P-39 have been placed on record by the petitioner.

4. The Respondent-University has raised objections and it is stated that the petitioner was appointed as a dean and the post was not re-designated as Dean- cum-Professor and a person as a dean can