Enhancement of superannuation age to 65 years is conditional benefit subject to performance review by government committee; not vested right; policy valid despite university autonomy concerns; judicial review limited to arbitrariness.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 and SWP No.799/2024 & CCP(S) no. 142/2024 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.139/2024 & 241/2024 respectively by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: - 1. OA/101/2025

a) Allow the instant application of the applicant along with costs;

b) Quash and set aside the Government Order No:183- JK(HE) of 2023 dated 03.07.2023 to the extent the Committee has been constituted by the Government to review the performance of the University Professors for enhancement in the age of superannuation from 62 to 65 years;

c) Direct the Respondents to allow the applicant to continue in service till he attains the age of 65 years; Or in the alternative:

d) Respondent No.3 may be restrained from participating in the proceedings of the Committee constituted vide Government Order No:183-JK(HE) of 2023 dated 03.07.2023 as and when the case of the applicant is considered by the Committee and any adverse decision of the Committee be not implemented vis- a-vis the applicant till such time the present O.A. is decided by this Hon'ble Tribunal;

e) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the applicant and against the respondents.

2. TA/139/2024

a) Writ, order or direction in the nature of Writ of Certiorari quashing Government Order No:183-JK(HE) of 2023 dated 03.07.2023 to the extent the enhancement in the age of superannuation of University Professors from 62 to 65 years, has been ordered subject to evaluation of performance by a Committee appointed by the Government;

b) Writ, order or direction in the nature of Writ of Certiorari quashing the Communication No:Adm/TW/2024/9274-75 dated 13.03.2024 issued by the Respondent No.1 whereby the petitioner has been conveyed that her request seeking review of her age of superannuation from 62 to 65 years, has not been acceded to by the Committee constituted by the Higher Education Department, Government of Jammu and Kashmir;

c) Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to allow the petitioner to continue in service till she attains the age of 65 years;

d) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.

3. TA 241/2024

a) initiate contempt proceedings against the respondents for willful defiance and non-compliance of the order dated 04.04.2024 passed by this Hon'ble Court in WP(C) No:799 of 2024 titled Dr. Anuradha Sharma vs. University of Jammu & Another;

b) direct the respondents to appear in person to show cause as to why they be not punished for committing the contempt of this Hon'ble Court by deliberately and intentionally not implementing the order aforesaid and they be punished accordingly;

c) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondents.

4. The facts of the case