KARUNAKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a Govt. college teacher. The petitioner has approached this court seeking a declaration that fixation of age of superannuation as 55 years is ultravires. It is also the case of the petitioner that in the light of implementation of UGC scheme for collegiate teachers, their age of retirement shall be 60 years in tune with Ext. P1 to Ext. P3. Those are the orders governing the implementation of UGC scheme for the college teachers.

(2.) On implementation of such UGC scheme this aspect has come up for consideration before the Supreme Court in George v. State of Kerala ( 1992 (1) KLT 793 ). The teachers of the private college contended that, they are entitled, on implementation of the UGC scheme to continue until age of 60 years. Supreme Court did not accept that contention. It was held that the

(3.) The petitioner in this case attempted to distinguish that decision contending that, that was in respect of private college teachers where as the case of the petitioner is governed by the rules framed by Govt. It is pertinent to note that the Supreme Court has considered the situation of condition of service being governed by the rules framed by Govt. as well. Whatever that be, it was clearly held by the apex court that the implementation of UGC scheme for the purpose of payment of salary to the teachers, cannot have any direct effect on. the age of retirement, an aspect of conditions of service.