MANOJ KUMAR SHARMA PROF Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner feeling aggrieved of the non-enhancement of the age of superannuation from 60 years to 65 years, despite of the recommendations having been made by the University Grants Commission as well as the Ministry of Human Resources Development, Government of India.

(2.) After a long period of service in the University of Rajasthan, presently working as professor of Botany, the Petitioner was to retire on 31.10.2009, because as per his date of birth i.e. 25.10.1949, he was attaining the age of retirement on 24.10.2009. According to the Petitioner, as his superannuation was in the month of October, 2009 i.e. after 1st July, he became entitled for reemployment till 30.6.2010, in accordance to Ordinance 376F, as amended on 6.7.2009. As per the amended Ordinance, a whole time permanent University teacher employee who attains the age of 60 years on or after 1st July may be re-employed upto 30th June subject to the condition that his pay shall be the pay last drawn and he would not be promoted to the next higher post during the period of re-employment. Therefore, the Petitioner felt aggrieved of issuance of the orders of retirement dated 13.7.2009 and 21.10.2009 by the Respondent University instead of issuing order for continuing his services by way of re-employment, as per the amended Ordinance, namely Ordinance 376F. Therefore, the Petitioner filed a writ petition (No. 16194/2009) with the prayer that the University be directed to issue an order in terms of the Ordinance 376F for extending services of the Petitioner till end of Session i.e. 30.6.2010. The said writ petition came up for consideration before the High Court on 5.1.2010 and a stay order (Annexure-2) was passed, directing the University to allow the Petitioner to continue to work on the post which he was holding on the date of his retirement, in terms of the amended Ordinance 376F dated 31.7.2009, till further orders. Consequently, by virtue of the said interim order, Petitioner has worked on the post for the complete period, in accordance to the amended Ordinance, i.e. upto 30.6.2010. The aforesaid writ petition is still pending.

(3.) While the Petitioner was continuing on his post after date of his retirement i.e. 31.10.2009, on account of the interim order passed in the earlier writ petition, he had filed the present writ petition on 17.6.2010 with the prayer that he may be permitted to work till he attains the age of 65 years with all benefits and the order of retirement dated 21.10.2009 be declared illegal and quashed and set aside. According to the Petitioner, the Ministry of Human Resources Development, Government of India had constituted a Pay Review Committee. The Committee had considered various issues relating to teaching in the University and colleges and made recommendation for pay and allowances of teaching staff, promotion avenues, leave, retiral benefits, etc. It had further made recommendations pertaining to the aforesaid issues including age of superannuation, re-employment, etc. The Committee had recommended that age of superannuation of teachers working in the universities and colleges should be 65 years, throughout the country (Schedule A). Further, it has been averred by the Petitioner that after recommendation of the aforesaid Pay Review Committee, the Ministry or Human Resources Development, vide letter dated 23.3.2007 informed the Secretary, University Grants Commission for enhancement in the age of superannuation from 62 years to 65 years for teachers in Centrally Funded Institutions in higher and technical education. It was also communicated that the age of superannuation of all persons should be enhanced and this will overcome shortage of teachers. Thereafter on 31.10.2008, Government of India communicated to University Grants Commission that it has decided to revise the pay scales of the teachers in Central University which shall be subject to various provisions of the scheme of revision of pay scale as contained in the letter and regulation to be framed by University Grants Commission in that behalf, in accordance to the Scheme (Annexure-4).