M N SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for the following reliefs :- be pleased to admit this petition; be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus restraining the respondents from relieving the petitioner from his service in L. M. College of Pharmacy, Ahmedabad on his superannuation on 31.10.1998 and further be pleased to direct the respondents to allow the petitioner to continue in service beyond 31.10.1998 and treat him as continuing in service as such and allow him to retire on superannuation on his attaining the age of 62 years, with all consequential and incidental benefits; pending admission, hearing and final disposal of this petition, be pleased to restrain the respondents from relieving the petitioner from his service in L. M. College of Pharmacy, Ahmedabad on his superannuation on 31.10.1998 and further be pleased to direct the respondents to allow the petitioner to continue in service beyond 31.10.1998 and treat him as continuing in service as such and allow him to retire on superannuation on his attaining the age of 62 years, with all consequential and incidental benefits;

(2.) IDENTICAL issue came to be raised in Special Civil Application No.4047 of 1999 and this Court vide judgment and order dated 05.12.2006 dismissed the said petition. The said judgment is extracted below :-

(3.) I have considered the submissions of learned Advocates appearing for the petitioners as well as for the respondents. On perusal of record, which includes relevant annexures and affidavit-in-replies, affidavit-in-rejoinder and also an additional affidavit filed by the respondents, it is evidently clear that service conditions of the petitioners are governed by various circulars and resolutions issued by the Department of Education, State of Gujarat. It is also to be noted that for issuing such circulars and GRs, the Department of Education, State of Gujarat take into consideration various recommendations made by All India Council for Technical Education ("AICTE" for short), which is an autonomous statutory body constituted under All India Council for Technical Education Act,1987, based on the decision taken by the Ministry of Human Resources Development (Department of Education) of Government of India. Thus, the fortune of the petitioners moves on the axis of decision taken at the highest level namely the Ministry of Human Resources (Department of Education) of Government of India. It is to be noted that after the formation of AICTE, the recommendations regarding pay scale and age of superannuation are made by the AICTE, whose functions and duties are enshrined in Section 10 of the said Act and even AICTE also bound by direction given by Central Government from time to time under Section 20 of the Act. That prior to AICTE, service conditions of the petitioners were governed as per the recommendations of the University Grant Commissions.