The inclusion of a service post into the 'teaching faculty' category confers the attendant superannuation rights and age limits applicable to faculty members, unless a higher specific age limit is tethered to additional professional qualifications, which do not limit the underlying status of the faculty member.

JUDGMENT AND ORDER (ORAL)

Heard Mr. C. Lalramzauva, learned Senior Counsel, assisted by Mr. Stephen Lalbuatsaiha, learned counsel, appearing for the petitioner. Also heard Mr. B. Lalramenga, learned Standing Counsel, who appears for the

2. The petitioner has raised a grievance in this writ petition preferred under Article 226 of the Constitution of India against the order dated 01.04.2024 by which the respondents had informed the petitioner that, since the superannuation age of tutors without M.Sc Nursing degrees were restricted to 60 years, the petitioner would stand retired on 30.04.2024 on attaining the age of 60 years. A grievance has also been raised against the order dated 24.05.2024 by which the Director of the respondent institute had informed all concerned that the petitioner was retired w.e.f. 30.04.2024 on superannuation. The petitioner has also raised a grievance against the letter dated 19.06.2024, through which he was informed that at the time of his retirement, he was a tutor (non-faculty post), and as per the 22nd Executive Council Meeting held on 03.01.2008 and the 11th Board of Governors Meeting held on 12.12.2023, it was clearly stated that the age of superannuation of non-faculty post is 60 years.

It is not in dispute that the petitioner stood retired on 30.04.2024 and thereafter, he had filed this writ petition on 05.08.2024 assailing the aforesaid orders and praying for directions to the respondents to reinstate the petitioner in his service by allowing him to continue in his post as a tutor in Nursing Department under the Regional Institute of Paramedical and Nursing Science (RIPANS) with all service benefits w.e.f. 30.04.2024 till he attains the age of superannuation and 62 years.

3. The facts as revealed in the writ petition are that, pursuant to an advertisement issued by the respondent institute, the petitioner had participated in the selection process and had been appointed to the post of tutor (Senior Demonstrator) in the Scale of Pay as applicable at that point of time with other allowances as admissible under the Rules from time to time with effect from the date of joining duty. The services of the petitioner were officially attached to the Department of Medical Laboratory Technology (MLT) through the order dated 03.09.2013 with immediate effect. At the time of joining his services, the relevant qualifications for recruitment to the post of tutor were either an MBBS Degree or a B.Sc in Nursing or a Graduation with a Post-Graduate Diploma in Public Health/Preventive Medicine/Nutrition/Home Science. The petitioner holds a degree of MBBS, and the same is not in dispute.

By a Resolution adopted on the 22nd Executive Council Meeting of the institute held on 31.01.2006, a decision was taken to approve the proposal to enhance the age of superannuation of teaching staff up to 62 years on par with the CHS. The age of superannuation for all other staff was to remain at 60 years.

By an office order dated 06.03.2024, the Director of the Institute, in continuation of an earlier office order dated 16.06.2022 and in pursuance of the approval of the Hon’ble HFM in his capacity of President of the Board of Governors, RIPANS, Aizawl, as ratified by the Board of Governors in its 11th Meeting held on 12.12.2023, notified to all concerned that tutors of RIPANS in Nursing Department had been included as ‘Member of Teaching Faculty’ in addition to the posts already identified in terms of Provision 2 (5) of by laws of RIPANS and the age of superannuation has been enhanced to