K A KUPPUSAMY Vs. SECRETARY

JUDGEMENT

(1.) The petitioners in W.P.(MD)No.14385 of 2011 and the petitioner in W.P.(MD)No.6289 of 2011 were all appointed in the Regional Engineering College (now National Institute of Technology), Tiruchirappalli. The Regional Engineering College (hereinafter referred to as "REC") was established by a Society registered under the Tamil Nadu Societies Registration Act. There were two schemes floated for the benefit of employees in respect of pension. The first one was Contributory Provident Fund-cum-Gratuity Scheme (hereinafter referred to as "CPF Scheme") and the other one was General Provident Fund-cum-Gratuity-cum-Pension Scheme (hereinafter referred to as "GPF Scheme"). As per these two Schemes, if an employee of the erstwhile REC had opted to come under the CPF Scheme, his services shall extend up to 60 years of age. In other words, he would retire on completion of 60 years of age. If an employee has chosen to come under GPF Scheme, then, he will retire on completion of 58 years of age. In this regard, the Government issued G.O.Ms.No.771, Education (J1) Department, dated 07.06.1990, giving option to the employees to chose either one of the Schemes. The petitioners in these two writ petitions have opted to come under CPF Scheme. Probably, they had chosen to come under CPF Scheme, because they could be in services up to 60 years.

(2.) While so, by means of a Memorandum of Understanding, between the Union Government and REC Society in the year 2003, REC was taken over by the Central Government and the same was renamed as "National Institute of Technology", Tiruchirappalli (hereinafter referred to as "NIT"). The erstwhile employees of REC continued to be the employees of NIT from 2003. The Central Government had constituted a governing body which looked after the affairs of the NIT. Thereafter, in the year 2007, the Central Government had brought into force, the "National Institute of Technology Act, 2007" with effect from 05.06.2007. All these petitioners except Prof.P.Somaskandan, the eighth petitioner in W.P.(MD)No.14385 of 2011, have retired from service.

(3.) Even before the REC Society was taken over by the Central Government, the retirement age of the employees of REC was made uniformly at 60 with effect from 01.06.2000. After REC Society was taken over by the Central Government, the retirement age of the employees was raised to 62 and thereafter it was again enhanced to 65. Thus, as of now, the age of retirement of the employees is uniformly 65. Thus, from the year 2000, there is no better benefit in respect of the longevity of service for those employees who had opted to come under the CPF Scheme.