Point of law: If certain categories of employees who belong to same class are left out, they can legitimately make grievance and question the decision of the Government on the ground that it amounts to hostile discrimination and is thus violative of Article 14 of the Constitution."

ORDER :

Ashwani Kumar Mishra, J.

1. The short question that arises for consideration in this petition is as to what would be the age of superannuation for the incumbent holding the post of Deputy Director of Physical Education & Sports, Women College, Aligarh Muslim University, Aligarh. An incidental issue also arises as to whether the incumbent holding such post would be treated to be a member of the teaching staff or non-teaching staff?

2. Perusal of the record would go to show that University authorities have taken a decision to superannuate the petitioner, who holds the post of Deputy Director of Physical Education & Sports, at the age of 62 years, by treating her to be a member of the non-teaching staff. This decision is assailed by the petitioner on following two grounds:-

(i) That under the UGC Regulations 2010, the post in question has been treated as a non-vocational teacher and, therefore, in the matter of superannuation, petitioner is to be treated as a member of teaching staff.

(ii) Petitioner claims parity with the judgment of the Delhi High Court in Writ Petition No. 7130 of 2011 decided on 18.5.2012, pertaining to a similar employee of the Jawahar Lal Nehru University, New Delhi.

3. Learned counsel for the petitioner submits that decision of the authorities in treating the petitioner to be a member of non-teaching staff is, therefore, arbitrary.

4. Learned counsel, representing the University, on the other hand places reliance upon the provision of the UGC Regulations as well as specific orders passed by the appropriate Government, which is Central Government in the present case relating to the determination of age of superannuation of such employees. Learned counsel with vehemence submits that it is the appropriate Government which alone has the competence to determine the age of superannuation and University is bound by those directions.

5. I have heard learned counsel for the parties and perused the materials brought on record.

6. It is not in issue that Aligarh Muslim University is a Central University and being an Institute of higher education would be regulated by the appropriate legislation made by the Parliament by virtue of Entry 66 List 1 of the Seventh Schedule to the Constitution of India. University Grants Commission Act, 1956 has been enacted by the Parliament and its provisions would be applicable. Regulations have been framed by the University Grants Commission in the year 2010, which also contains an Appendix, dated 31st December, 2008. This Appendix contains directions of the Central Government in the matter of revision of pay of teachers and equivalent cadres in Universities and Colleges following the revision of pay-scales of Central Government on the recommendation of the sixth pay-commission. Clause 8 of this Circular contains other terms and conditions which include age of superannuation in Clause (f). Sub-clause (iii) of Clause (f) is relevant for the present purposes and is reproduced hereinafter:-

"Whereas the enhancement of the age of superannuation for teachers engaged in class room teaching is intended to attract eligible persons to a career in teaching and to meet the shortage of teachers by retaining teachers in service for a longer period, and whereas there is no shortage in the categories of Librarians and Directors of Physical Education, the increase in the age of superannuation from the present sixty two years shall not be available to the categories of Librarians and Directors of Physical Education."

(Emphasis supplied by me)

7. Learned counsel for the University has also placed before the Court, a subsequent Circular of the Central Government, dated 2nd November, 2017, issued consequent upon introduction of the recommendation of seventh pay-commission for the University concerned. Clause 12 of this Circular deals with superannuation and re-employment. Existing provisions regarding