IMPORTANT POINT
The court established that statutes applicable to State Universities do not govern Central Universities, affecting teachers' rights to re-employment post-retirement.

JUDGMENT :

(Manoj Kumar Tiwari, J.)

1. DAV (PG) College, Dehradun (from hereinafter referred to as ‘College’) is a privately managed Postgraduate College, fully funded by the State Government, which is affiliated to H.N.B. Garhwal Central University. Petitioners served as Teacher in the said College and retired from service during Academic Session 2017-18, upon completing of 65 years of age.

2. Petitioners have challenged letter dated 03.07.2018 issued by Director, Higher Education to Principal, DAV (PG) College, which was issued in reply to Principal’s letter dated 23.06.2018, whereby guidance was sought from Directorate in the matter of extension in service to Teachers, who complete age of superannuation during mid academic session. By the said letter, Principal of the concerned College was informed that Government Order dated 15.10.2012, providing for increase in retirement age of Teachers from 60 to 65 years, do not provide for any extension of service beyond 65 years. Reference was also made in the said letter, to another Government order dated 18.06.2005, which provides that all monetary benefits shall be paid to University Teachers immediately after their retirement, upon completion of 60 years of age and no extension in service shall be given to them. By the impugned communication dated 03.07.2018, Director made it clear that extension in service cannot be given to Teachers of College, once they retire upon completing age of superannuation.

3. This writ petition has been filed by the petitioners, seeking the following reliefs:-

(i) To issue writ, order or direction in the nature of certiorari to call for records and quash the order dated 03.07.2018 of Respondent No. 2 (Annexure No. 1), through which, the provision of re-appointment after superannuation in the academic mid-session as has been refused to the Petitioners.

(ii) To issue writ, order or direction in the nature of mandamus directing the Respondent No. 2 to give an approval for the payment of the salary as per applicable norms, for the period of re-appointment (after completion of their services) up to 30.06.2018.

(iii) To issue writ, order or direction in the nature of mandamus directing the Respondent No. 2 to pay the interest on the unpaid salary of the Petitioners for the delayed period starting 01.07.2018 till the actual date of payment.

4. Petitioners refer to an order dated 16.11.2017 issued by Secretary, Board of Management of DAV (PG) College, whereby petitioners were reappointed till the end of Academic Session i.e. 30th June. From perusal of the said order, it is revealed that only petitioner no. 2 had retired till issuance of said order, while petitioner no. 1 and petitioner no. 3 were to retire after 1½ months and 2½ months respectively from date of issuance of the said order.

5. Petitioners rely upon Clause 17.15 of the Statute, which was applicable to H.N.B. Garhwal University before its conversion as Central University. The said Clause provides that date of superannuation of a Teacher, if do not fall on 30th June, then he shall continue in service till the end of Academic Session i.e. 30th June following and he will be treated as on re-employment from the date immediately following his superannuation till 30th June following. Based on the Statute, learned counsel for petitioners contends that petitioners have a Statutory right to continue till end of Academic Session and the Secretary, Board of Management of the College had merely recognised that right, therefore, petitioners are entitled to salary and other benefits for the services rendered by them till the end of Academic Session pursuant to order of the Secretary, Board of Management.

6. Per contra, learned State Counsel contends that the Statute relied by the petitioners were framed under U.P. State University Act and were applicable only till the University was a ‘State University’. He further submits that the ‘University’ was converted to a ‘Central University’ w.e.f. 15.01.2009 unde