AICTE Regulations on superannuation age prevail over state rules for technical institution faculty unless state formally adopts otherwise.

ORDER (Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.):-

1.Through the medium of the instant O.A, the applicants seek for the following reliefs:

a. Quashing the impugned Govt. order no. 110-JK (DSD) of 2023 dated 18.10.2023 passed by the Respondents.

b. Declare that the service conditions of the applicants are governed by All India Council for Technical Education (AICTE) Regulations, (Diploma) 2019, as notified vide notification dated 01.03.219 and as such are entitled to the benefits of the same.

c. Accordingly, a command be issued to the Respondents to retire the applicants after attaining the age of 65 years except in case they are given 05 years more extension in terms of Regulation 2.9 with all consequential benefits.

d. Any other direction/order be issued which this Hon'ble Tribunal deems just and proper in the circumstances of the case in favour of the petitioner and against the respondents.

2. The facts emerging from the pleadings made in the O.A. are that the applicants are working in the Skill Development Department for the past 20-25 years. The applicant no.1 is working as Principal, applicant no. 2 as Training and Placement Officer, and applicant no. 3 as I/C HoD, Civil Engineering Department, respectively, in various Polytechnic Colleges of Jammu and Kashmir.

3. It is stated in the O.A. that the applicants are entitled to the benefits of the AICTE Notification dated 01.03.2019. The said notification, issued under Section 23 read with Section 10(g), (h), and (i) of the AICTE Act, 1987, with the approval of the Government of India, prescribes regulations relating to pay scales, service conditions, and minimum qualifications for teachers and other academic staff in Technical Institutions. The said regulations are applicable to all such institutions approved by AICTE. The AICTE Act, 1987, itself has been enacted by Parliament under Article 246 read with Entry 66 of List-I of the Seventh Schedule.

4. It is further stated that Regulation 2.1 provides for designation and mode of appointment in respect of teachers in the diploma level institutes/ polytechnics. Regulation 2.2 read with Annexure-I provides for pay matrix for diploma level technical institutions. Regulation 2.4 provides for pay matrix and fixation of revised pay. Regulation 2.9 provides for age of superannuation.

5. The main focus of the applicants is on Regulation 2.9 which reads as under:

"2.9 Age of Superannuation The age of superannuation of all faculty members and Principals of institutions shall be 65 years. An extension of 5 years (till the attainment of 70 years of age) may be given to those faculty members who are physically fit, have written technical books and has average 3600 feedback of more than 8 out of 10 indicating them being active during last 3 preceding years of service."

6. Learned counsel for the applicants, Mr. Mohammad Ather Zeeshan, submits that the said AICTE Regulations/benefits have been extended to other States and Union Territories, viz. NCT of Delhi, Chandigarh, Goa, Karnataka, Puducherry, Kerala, Rajasthan and Tamil Nadu.

7. It is averred in the O.A. that the applicants, for extension of the benefit, also filed representations before the respondents. However, the same was neither redressed nor any reply was provided which compelled the applicants to approach this Tribunal by way of filing an O.A./883/2022. The said O.A. was disposed of vide order 16.05.2023. The operative portion of the same reads as under:

“In view of the limited prayer made by the learned Counsel for the applicants, the respondents are directed to trea