B BHARAT KUMAR Vs. OSMANIA UNIVERSITY

JUDGEMENT

(1.) Several writ petitions came to be filed in the High Court raising a common issue regarding the superannuation age. All the petitioners were serving in different private colleges which were enjoying the grant-in-aid by the Government. They were serving in the capacity as Lecturers, Professors, Readers, Librarians, Physical Education Teachers, etc. Their common prayer in the writ petitions was that their age of superannuation which was hitherto 58 or 60 years, as the case may, should be raised to 62 years. For this they all commonly relied on a communication No.F.1.22/97-U.I dated 27.7.1998. The claim made by the petitioners was that firstly the decision of the Government of India was mandatory and binding vis-a-vis the colleges/universities. This was all the more reiterated in the backdrop that the Central Government was providing financial assistance to the State Government in implementing the scheme of revision of pay scales. It will be better for us to quote the whole letter dated 27.7.1998 since the same happens to be the main and by far the only basis for the prayers made in the writ petitions (unfortunately, the copies of the writ petitions have not been filed before us though there are several appeals):

(2.) The petitioners also relied on a UGC notification on revision of pay scales bearing No.1-3-1494(PS) dated 24.12.1998. This was a communication from the Secretary, University Grants Commission along with the whole scheme. Few other letters like Letters dated 22.9.1998 and 6th November, 1998 were also relied upon and lastly a consolidated statement sent by the Ministry based upon the above mentioned three letters was also heavily relied upon. From that consolidated statement our attention was invited to the following para No.(vi):

(3.) In short initially the claim of some of the writ petitioners was entirely based on this material for the extended age of superannuation upto 62 years. The things did not stop here.