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SANJEEV PRAKASH SHARMA
Narinder Paul Singh – Appellant
Versus
I. K. Gujral Punjab Technical University, Jalandhar – Respondent
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 th
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 established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
Physical education directors are categorized as non-teaching staff under University Ordinances, retaining a superannuation age of 62, despite claims of being treated as teachers for benefit purposes.
The central legal point established in the judgment is that the age of superannuation for Principals and the requirement of a Ph.D. degree for continuation beyond the age of 62, as mandated by the UG....
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....
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
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