RAMAKANTA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL these three writ petitions were heard together and disposed of by this common order.

(2.) HEARD Mr. A. Dasgupta, learned counsel for the petitioners and the learned Government Advocate for the State.

(3.) THE three petitioners before us are all college teachers serving in various colleges in the State of Assam. For the purpose of appreciation we may refer to the facts in W. P. (C) No. 969/99. The petitioner Sri Ramakanta Dutta is a lecturer in Physics in Tinsukia College, Assam, which is a deficit grants-in-aid college. The grievance of the petitioner in this writ petition is in respect of non-implementation of the guidelines/ directions of the University Grants Commission (for short the UGC) in the matter of retirement age of college teachers. After the recommendation of the fixation of pay by the Fifth Central Pay Commission, the UGC recommended a revised pay of different categories of teachers under the Universities and the colleges thereunder. The said recommendation inter alia provided that the age of retirement of college teachers would be at the age of 62 years. The said recommendations were accepted by the Central Government who communicated the same to the State/union Territories vide their notification dated 27. 7. 1998. So far the fixation of pay is concerned, the petitioners have not approached this Court in the present writ petitions. The sole grievance is regarding the age of retirement. The State of Assam, however, in violation of the UGC directions have fixed the age of retirement of college teachers at 60 years and according to the petitioner it was a composite scheme and the directions were mandatory which the State Government was bound to follow. The petitioners have, therefore, prayed for a direction to the State of Assam to implement the UGC notification fixing the age of superannuation at 62 years.