University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.

ORDER

Prasant Kumar, Member (Admn.):-

Through the instant Original Application No. 631 of 2024 the applicant has challenged the University of Kashmir Order No. F(Ret. Prof. Arifa Bushra)-Adm- TW/KU-24, dated Sept 30, 2024, as according to the applicant, she has been retired prematurely from service as Professor and Head of Department, Department of Urdu and Dean, School of Arts, Languages and Literature, University of Kashmir, in flagrant violation of Circular No. CIR-(AGE-ENH-COMMT)-ADM-TW-KU/23 dated 6.7.2023 enhancing the age of superannuation of the Professor of the University from 62 to 65 years and in contumacious disregard of the order of this Tribunal dated 27.9.2024.

2. The applicant has prayed for following reliefs through the instant application –

i. Interdicting / Setting aside at naught the University Order No. F(Ret. Prof. Arifa Bushra)-Adm-TW/KU-24, dated Sept 30, 2024, retiring the applicant prematurely from service as Professor and Head of Department, Department of Urdu and Dean, School of Arts, Languages and Literature in the respondent University being void ab-initio and non-est in law.

ii. Interdicting / Setting at naught the decision of the Designated Committee dated 24.7.2024 referred to and relied upon by the respondent Univiersity in University Order No. F(Ret. Prof. Arifa Bushra)-Adm-TW/KU-24, dated Sept 30, 2024, being void ab-initio and non-est in law.

iii. Treat the impugned University Order dated 30.9.2024 as well as impugned decision of the Designated Committee headed by Chief Secretary dated 24.7.2024, void ab-initio and thus non-est in law.

iv. Treat the applicant in continuous service of the respondent University, as Professor and Head of the Department, and Dean, School of Arts, Languages and Literature, University of Kashmir, as if impugned University Order dated 30.9.2024 as well as impugned decision of the Designated Committee headed by Chief Secretary dated 24.7.2024, had not come into being at all.

v. Treat the applicant in the matter of extension of the benefit of enhanced age of superannuation from 62 to 65 years similarly and on par with the aforementioned University Professors, forming in law one class with the applicant.

vi. Admit, in faithful compliance with the mandate of equality clause enshrined in Article 14 and 16 of the Constitution, the applicant forthwith to the benefit of the enhancement in the age of superannuation from 62 years to 65 years, with all consequential service benefits as the Professor and Head of Department, Department of Urdu and Dean, School of Arts, Languages and Literature in the respondent University, accruing due in law on enhancement of age of superannuation from 62 years to 65 years.

vii. Such other relief, order or directions that this Hon’ble Tribunal may deem just and proper to issue / pass in the interests of justice in the attendant facts and circumstances of the case.

viii. That the cost of the litigation be also awarded to Applicant.

3. The petitioner has also prayed for the following interim relief –

i. Stay the operation and implementation of University Order No. F(Ret. Prof. Arifa Bushra)-Adm-TW/KU-24, dated Sept 30, 2024 as well as decision of the Designated Committee dated 24.7.2024 referred to and relied upon by the respondent University in University No. F(Ret. Prof. Arifa Bushra)-Adm-TW/KU-24, dated 30.9.2024.

ii. Pass such further orders / directions that this Hon’ble Tribunal may deem just and proper in the facts an