PROF.(DR.) JAGDISH PD.SHARMA S/O LATE TIPAN PRASAD SINGH Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT.GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) ISSUE for determination in all these writ applications relate to enhancement in the age of superannuation of teachers in the Universities and Colleges of Bihar. Moot question is whether in the light of the letter dated 31.12.2008, issued by the Deputy Secretary, Ministry of Human Resources Development, Higher Education, Government of India as well as Section 64 of Patna University Act and Section 67(a) of Bihar State Universities Act, the age of superannuation of teachers working in different Universities and Colleges of Bihar should automatically be enhanced to 65 years considering the decision in this regard of University Grants Commission (hereinafter referred to as the UGC).

(2.) THE Ministry of Human Resources Development Department, Government of India for improving the educational standard of the University in India, constituted a committee under the Chairmanship of Prof. Chadha. This committee conducted overall enquiry with regard to pay scale, mode of appointment, promotion, improvement in qualification as well as other service conditions of teachers, working in the Universities and submitted its report recommending revision of pay scales and enhancement of age of superannuation. Prof. Chadha committee report recommended for enhancement of retirement age in order to meet the situation arising out of shortage of teachers in the Universities and, consequent vacant posts therein. This recommendation was also made to attract eligible scholars towards teaching profession, in order to improve the standard and quality of higher education. Chadha committee recommended enhancing the age of superannuation to 65 years in all Universities, Central as well as State. Recommendation was also made for re - engagement of retired teachers on contract basis, subject to their physical condition and availability of vacant posts, up to 70 years of age. The 6th Pay Revision Committee constituted by the Central Government also recommended for revision of pay scales of Central/State employees and for enhancement of retirement age upto 65 years. Considering these two recommendations, the Department of Human Resources Development, Government of India in consultation with UGC decided for revision of pay scales and also for enhancement of retirement age of persons in sanctioned teaching posts in all Universities and Colleges under the Central Government as well as Higher and Technical Education Institutions, funded by Central Government. Two letters dated 23rd March, 2007 and 4th April, 2007 were issued by the Government of India, Ministry of Human Resources Development, whereby it was communicated that the pay scales of teachers working in Centrally funded Universities/ Colleges and Higher and Technical Education Institutions is to be enhanced in the iight of 6th Pay Revision Committee Report and also their age of retirement is enhanced from 62 years to 65 years. A direction was issued to implement the decision of the UGC. The Central Government authorized the Central Universities vide Department of Higher Education D.O. Letter No. F -1 -24 -2006 -U dated 4th April to enhance the pay scales as well as the age of superannuation subject to amendment in the respective statutes and with the approval of the competent authority. 6th Pay Revision Committees report was already there to enhance the age of superannuation of teachers to 65 years throughout the country whether working in the State as well as Central University. Since the letter dated 23.3.2007 and 4.4.2007 were also communicated to the Chief Secretaries of all States, it was presumed by the teachers working in the State Universities that it is applicable in their cases also. This was presumed for the reason that in past also recommendation of the UGC had always been to the Higher Education Department of Central Government. The State Government always implemented the recommendation of the UGC on the basis of the communication made by the department of Higher Education of Central Government. Other reason for presumption was that the statutory provision to enhance the age of superannuation is also there in the Patna University Act and Bihar State Universities Act. The statutory provisions under Section 64 of Patna University Act and Section 67(a) of Bihar State Universities Act provide that age of retirement of teaching employee of the University or of college shall be the date on which he attains the age of 62 years provided the age of superannuation in future will be same as decided by the University Grants Commission. The teaching employees in the Bihar State Universities were of the view that since the UGC has already recommended for enhancement of age to 65 years and the State Universities also come within the definition of the University under Section 2(f) of the UGC Act, 1956, the recommendation of the UGC is applicable in their cases also as in the case of Centrally funded Universities and educational institutions.

(3.) BEING guided by this view, two writ applications, being C.W.J.C. No. 4823 of 2008 and C.W.J.C. No. 5390 of 2008* were filed by the teachers of B.R.A. Bihar University. Petitioners claimed enhancement of age of retirement on the basis of letters dated 23.3.2007 and 4.4.2007, issued by the Government of India. Ministry of Human Resources Development. Both the writ applications were dismissed by the Hon 'ble Single Judge relying on the counter affidavit filed by the UGC. The counter affidavit of the UGC was that the direction issued by the Ministry of Human Resources Development, Government of India contained in two letters related to the Universities and Colleges under the Central Government or being funded by the Central Government. It was also stated that the State Government has option to enhance the age of retirement of teachers in the State Universities as desired. The Hon 'ble Single Judge has held that the expression "University" as defined under Section 2(f) of UGC Act undoubtedly covers all the Universities of Bihar constituted under Bihar State Universities Act and was also included the Patna University, constituted under its Act, but that does not mean that a decision taken with reference to specified group of University or teaching institutions would automatically apply to all the Universities as defined under Section 2(f) of UGC Act. Expression "decide" as used in Section 67(a) would mean and only mean a conscious decision taken by the UGC in respect of the Universities.