Y N GUPTA Vs. STATE

JUDGEMENT

(1.) BECAUSE the point involved is the same, this common judgment shall dispose of all the writ petitions above -mentioned.

(2.) THE petitioners in all the writ petitions are Teachers in various Government Colleges of the State. They have been serving - as Lecturers/Selection Grade Lecturers in the Higher Education Department of the State Govt. and imparting higher education at the graduation level to the students in various Degree Colleges owned and run by the State Government. The age of superannuation on retirement of all the State Government employees, excluding the class IV employees, is 58 years, as prescribed by Rule 226 of the J&K Civil Service Regulations which is reproduced hereunder for ready reference : - "226 (1) An Officer shall retire compulsorily on his attaining the age of 55 years, unless the competent authority considers him efficient and permits him to remain in service. He may, however, be retained in service after the date of compulsory retirement with the sanction of the Government on public grounds which must be recorded in writing but he must not be retained after the age of 60 years except in very special circumstances; Provided that the Government servants who were in service on 10. 10; 1966 and were treated inferior as per Schedule II, will retire on attaining the age of 60 years. Provided further that a Government servant in service on 1.1. 1987 or appointed on or after that date shall retire on his attaining the age of 58 years.

(3.) THE petitioners have fieed these petitions for seeking the relief of enhancement in their age of superannuation/retirement from 58 years to 60 years. The petitioners are claiming this relief on the basis of the recommendations of the University Grants Commission contained in the schemes formulated by it and sent to the State Government.