SUNIL DUTT MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) AS per Dipak Misra, CJ. ''Regard being had to the similitude of the contro. versy involved in this batch of letters patent appeals, they were heard analogously and are being disposed of by this common order. As the grievance has been projected in a common canvass, the facts from CWJC No. 2330 of 2009* which has given rise to L.P.A. No. 117 of 2010 are expo 'sited hereinbelow.

(2.) THE seminal issue that emanates for consideration is whether in the backdrop of the letter dated 31.12.2008 issued by the Deputy Secretary, Ministry of Human Resources and Development, Department of Higher Education. Government of India in the context of Section 64 of the Patna University Act. 1976 (for brevity. 'Patna University Act ') and Section 67(a) of the Bihar State Universities Act, 1976 (for short 'the 1976 Act '), the age of superannuation of teachers working in different universities and colleges of Bihar would automatically be enhanced to 65 years in view of the decision of the University Grants Commission (for short 'the UGC).

(3.) THE writ petitioners -respondents no. 1 and 2 herein were to superannuate on 28.2.2009 and 31.3.2009 respectively. On the recommendations of the UGC, the Government of India, Ministry of Human Resources Development, Department of Higher Education issued a letter no. F -1 -22/97 -UI dated 27.7.1998 addressed to the Secretary, UGC conveying the decision regarding the age of superannuation and other terms and conditions of service of teachers. It has been specifically mentioned in the said letter that the age cf superannuation of the university and college teachers would be 62 years and thereafter no extension shall be granted. In view of the above notification, the age of superannuation of teachers in the Patna University was also enhanced from 60 to 62 years by making an amendment in Section 64 of the Patna University Act. Thereafter, the Ministry of Human Resources and Development, Department of Higher Education, Government of India vide letter dated 23.3.2007 decided the age of superannuation of all persons who were holding teaching positions on regular employment against sanctioned posts as on 15.3.2007 in any of the centrally funded higher and technical educational institutions under the said Ministry to be enhanced from 62 years to 65 years. The UGC by letter dated 30.3.2007/4.4.2007 circulated the aforesaid letter to the Registrars of all the Central/Deemed Universities as well as the Registrars of the State Universities for information and necessary action.