Y P SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Since these three matters are inter connected, with the consent of parties, the matters are analogously heard and decided by this common order.

(2.) The case of the petitioners is that AICTE issued a regulation which is published on 5-3-2010 in the Gazette of India, which is known as All India Technical Education Council [Technical Institutions (Diploma) for Teachers and other Teaching Staff Pay Scale, Service Conditions and Eligibility] Regulations, 2010. These regulations are hereinafter referred as "2010 Regulations". A copy of regulations is placed as Annexure P-6 in W.P. No. 2371/11. By way of aforesaid regulations, the AICTE revised the pay scales and other service conditions of the teaching staff. The age of superannuation is mentioned in internal page 11 of the said Gazette notification. A perusal thereof shows that the UGC circular dated 23-3-2007 is borrowed for the purpose of fixing the age of superannuation of teaching staff. The said circular dated 23-3-2007 is filed as Annexure P-5 with W.P. No. 2371/11. In Clause 2 (i) it is mentioned that the age of superannuation of only teaching staff working on regular basis against sanctioned post as on 15-3-2007 in any of the centrally funded higher and technical educations under the Ministry shall be increased from 62 to 65 years. Consequently, by AICTE regulations, the said provision is borrowed.

(3.) Shri D.K. Katare, Shri D.S. Raghuvanshi and Shri Vivek Jain, learned Counsel appearing for the petitioners submit that in obedience of the said 2010 Regulations, the State Government has issued the order dated 19-10-2010. In the order itself it is made clear that it is issued by following the 2010 Regulations and it shall be applicable to all Government, Autonomous and Aided Polytechnic Institutions. Thus, the stand of the petitioners is that the 2010 Regulations have a binding force and it is not voluntary either for the State Government or for the institutions to follow or not to follow it. To elaborate, the Counsel submit that once 2010 Regulations are implemented and the order dated 19-10-2010 is issued by the State Government making it applicable to all Government, Autonomous and Aided Institutions, it is no more open for the aided institutions to decline enhancement of age for retirement from 62 to 65 years.