T K BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petitioners seek a declaration that they are entitled to continue in service upto 60 years of age in accordance with Clause 26 of the U.G.C. Scheme 1987. Petitioners are teachers of affiliated colleges under the University of Kerala. The question raised in these cases is no more res integra. The question is as to whether the petitioners could continue upto 60 years of age was considered by this court as well as the apex court I several decisions. In George v. State of Kerala 1992 (1) KLT 793 the apex court examined identical claim with particular reference to U.G.C. Scheme 1986 and held as follows:

(2.) Counsel appearing for the appellants in W.A. No. 1651 of 2000 Sri. V. Jayaprasad submitted that the apex court as well as this court had omitted to consider some vital questions of law. Consequently those decisions require re-consideration. Counsel submitted that University Grants Commission Act, 1956 is an Act enacted by the Parliament under Entry 66 of List I of VII Schedule to the Constitution of India. Counsel submitted that the Act was intended to make provision for the co-ordination and determination of standards in Universities and consequently University Grants Commission was established. On 17.6.1987 Ministry of Human Resource Development, Department of Education issued a Circular to all Education Secretaries of all the States and Uts regarding implementation of U.G.C. Scheme in fulfillment of the constitutional responsibility for co-ordination, determination and maintenance of standards in higher education. The National Policy on education, 1986 envisages efforts to reach the desirable objective of uniform emoluments, service conditions and grievance removal mechanism for teachers throughout the country. The policy also visualises the creation of an open participation and data based system of teacher evolution. Clause 26 states that the age of superannuation for teachers should be 60 years and thereafter no extension in service should be given. However, it would be open to the University or College to re-employ a superannuated teacher according to the existing guidelines framed by the U.G.C. upto the age of 65 years. Clause 5 of the Scheme stipulates that State Government will have discretion to introduce scale of pay different from those mentioned in the Scheme. The U.G.C. Scheme was later modified by letter dated 22.7.1988. Clause 24 of the modified Scheme deals with age of superannuation of teachers fixed as 60 years. Counsel submitted that on the basis of the above U.G.C. Scheme appellants are entitled to continue upto 60 years of age.

(3.) The State Government by order dated 13.3.1990 implemented the U.G.C. Scheme including revision of pay scales for teachers of Universities including Kerala Agricultural University, Affiliated colleges, Law Colleges, Engineering Colleges and qualified Librarians and qualified Physical Education Teachers with effect from 1.1.1986. It was however provided in the said order that the retirement age will continue as at present. Counsel submitted that the Kerala University First Statutes 1972 had prescribed the age of retirement as 60 years and there is no reason to reduce it to 55 years by the 1976 Statutes. Counsel submitted that in such a situation Statutes would go against the U.G.C. Act as well as the Scheme.