IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Om Prakash Shukla, J.
Dr. Prem Chandra Mishra - Petitioner
Vs.
State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. (Higher Education) Lko. And Others - Respondent
Writ - A No. - 4440, 2853, 2982, 2988, 2990, 3009, 3179, 3287, 3325, 3397, 3542, 3550, 3604, 3723, 3754, 3756, 3761, 3762, 3797, 3803, 3805, 3862, 3944, 3950 of 2022
Decided On : 19-12-2022
University Grant Commission Act, 1956 - Section 26, (1), (e) and (g) - U.P State Universities Act, 1973 - Section 50(6) - Constitution of India, 1950 - Article 226 - Services - Increase of age of superannuation - Case of petitioners that they were entitled to be allowed to continue their services as teachers in university concerned till age of 65 years and relies on three identical orders passed by a coordinate bench of this Court in similar situation – Held, It is hereby directed that Respondent state will get statutes of University altered providing for increase of age of superannuation of members of teaching staff from 62 years to 65 years, preferably within a period of three months - Petitioner shall continue to work on his post, if they are working, till appropriate decision is taken by state Government as indicated above - Impugned letters issued on behalf of university or state Government shall abide by direction of this court passed in other identical matter – Petitions allowed.
JUDGMENT :
Om Prakash Shukla, J.
1. These bunch of writ petitions involve common questions of law and fact. It is the case of the petitioners that they were entitled to be allowed to continue their services as teachers in the university concerned till the age of 65 years and relies on three identical orders passed by a coordinate bench of this Court in similar situation in the following cases:
(ii) Order dated 11.05.2022 passed in Writ A No. 7085 of 2022 titled as Chandra Mohan Ojha & 19 others Vs. State of Uttar Pradesh & Ors;
(iii) Order dated 27.05.2022 passed in Writ A No. 3369 of 2022 titled as Dr. Anil Kumar Singh Vs. State of Uttar Pradesh & Ors;
2. All the petitioners have common ground, that in all these cases, it was directed to the state Government to incorporate the necessary amendments in the respective university statues, so as to raise/increase the age of superannuation from the existing 62 years to 65 years. Since, common ground is engaging the attention of this court in all these bunch of writ petitions, these petitions are being disposed of by a common order and for the sake of convenience, the facts of leading petition being Writ-A No. 4440 of 2022 (Dr. Prem Chandra Mishra Vs. State of U.P & Others) is being considered for disposal of these writ petition. The petitioner, in the said writ petition claims to have been working as a Professor (Psychology) in the University of Lucknow, wherein he superannuated on attaining the age of 62 years on 08.07.2020. However, since the petitioner was extended the session benefit, he actually retired on 30.06.2021. Thus, the petitioner has filed the present writ petition for the following relief:
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties state to alter and modify the statutes of the Lucknow University providing for increase in age of superannuation of teachers in Universities and its affiliate Colleges from 62 years to 65 years in terms of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and other Measures for Maintenance of Standards in Higher Education) Regulations, 2010 and allow the petitioner to perform his duties of the post of Professor (Psychology), with consequential benefits of pay and allowances.”
(iii) to issue a writ, order or direction in the appropriate nature declaring the condition of point no. 2.3 of said Government Order dated 28.06.2019 as ultra vires and the age of superannuation of teachers including petitioner may be directed to be corrected as 65 years and extension of 2 years of service after attaining the age of superannuation may be given after completing the age of 65 years.”
3. This court finds that similar prayers have been made by the other writ petitioners in their respective petition. Counter have been invited by this court, wherein although counter has been filed in the lead matter, the same is not the fate of other connected matters. This court does not wish to deal with the pleadings of each & every writ petition separately as the court is deciding the common issue raised by the writ petitioner in these bunch of petition. It is made clear that only the counter filed in the lead matter Prem Chandra Mishra case is being dealt with this court and any pleadings not commensurate & not in conformity to the pleadings of the lead matter stands rejected /allowed as per the findings arrived by this court hereinafter.
4. This court has patiently heard Shri Dhruv Mathur, Ld. c
Jagdish Prasad Sharma & Ors Vs State of Bihar & Ors.; (2013) 8 SCC 633
B. Uharat Kumar Vs Osmania University
Shree Chamundi Mopeds Ltd. vs. Church of South India Trust Association CSI Cinod Secretariat, Madras
Sant Lal Gupta and Ors. vs. Modern Co-operative Group Housing Society Ltd. and Ors.
State of Punjab and another versus Devans Modern Breweries ltd. and another
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
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.
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.
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
(1) It is mandatory for UGC to be guided by directions issued by Central Government on questions of policy relating to national purposes by discharging its functions under UGC Act, 1956.(2) A Judgmen....
University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.
The court emphasized that the applicability of government orders with retrospective effect and the re-appointment of superannuated individuals are within the executive domain and cannot be directed b....
increasing the age of superannuation only in the case of Professors, there is no violation of Article 14 of the Constitution of India, as alleged, for the simple reason that whereas equals cannot be ....
Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.
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