RATAN BHATTACHARYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The common question of law is involved in all the cases and as such they have been heard together and are being disposed of by this common judgment.

(2.) ALL the petitioners have filed the present writ applications for a direction to the State of Bihar and the Universities to fix the retirement age of the petitioners as 62 years instead of 60 years as contained in the statutory provisions, namely, Patna University Act, 1976 and Bihar State Universities Act, 1976, in terms of the decision/direction of the University Grant Commission (hereinafter referred to as the Commission) constituted under the University Grants Commission Act, 1956 (hereinafter referred to as the Act.)

(3.) ACCORDING to the petitioners, in the aforesaid case, this Court upheld the reduction of age from 62 to 60 years in view of the stand taken by the State Government in the counter affidavit to the effect that it became necessary to reduce the age of retirement of teachers with a view to derive the benfit of U.G.C. package. One of the conditions for receiving the U.G.C. package was to reduce the age of retirement. Now the Ministry of Human Resources Deveopment (Department of Education), Govt. of India revised the pay scales of teachers in Central Universities following the revision of pay scales of Central Government employees on the recommendation of the Fifth Central pay Commission which provided inter alia that the age of superannuation of the University and college teachers would be 62 years and thereafter no extension in service will be given. A copy of the same was also sent to the Secretary, U.G.C. which has been annexed as Annexure -5 to CWJC No. 11536 of 1998. The Ministry of Human Resources Development (Department of Education), Govt. of India also sent the letter to the Education Secretaries of all States/Union Territories on the same date i.e. on 27th July, 1998, informing them that the Central Government has decided to continue to provide financial assistance to the State Government who wish to adopt and implement the aforesaid scheme of revision of pay scales to the Govt. of India subject to the terms and conditions mentioned therein. The Central Government agreed to pay 80% of the additional expenditure involved in the implementation of the revision of pay scales to the State Government which would be available for a period of four years i.e. from 1.1.1996 to 31.3.2000. The Central Government also gave power to the State Government to modify scales of pay different from those mentioned in the Scheme. However in such cases, the same should be furnished to the Government of India for its approval and subject to the approval being accorded to the modifications, the central assistance on the same terms and conditions as indicated above will be available to the State Government for implementation provided that the modified scales of pay are not higher than those approved under the scheme.