DR. MAHESHWAR TIWARY Vs. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, RANCHI

JUDGEMENT

(1.) THE common question involved in this batch of cases is as to whether University Grants Commission Regulation dated 30.6.2010 is binding upon the State Government/State Universities so far it relates to enhancement of the age of the teachers of Universities from 62 to 65?

(2.) THE background of the matter which led to filing of all these writ applications is that consequent upon revision of pay scale of the Central Government employees on the recommendation of 6th Central Pay Commission the Ministry of Human Resource Development, Department of Higher Education, Government of India on the recommendation of the University Grants Commission (hereinafter referred to as 'the U.G.C.) formulated a scheme whereby pay of the teachers and equivalent cadres of the Central Universities and Colleges was revised with effect from 1.1.2006 with a stipulation that the Central Government would bear the additional expenses to the extent of 80% whereas 20% expenses is to be borne by the State Government which decision was communicated by the Ministry, vide its letter dated 30.12.2008 to the Secretary, University Grants Commission New Delhi. Under the Scheme, the said revision of pay is to be extended to the Universities, Colleges and other Higher Educational Institutions coming under the purview of the State Legislation provided the State Government wishes to adopt and implement this scheme, subject to the terms and conditions stipulated therein. Subsequent to that, the U.G.C. vide its letter dated 27.2.2009 made request to the State Government to adopt the said scheme as formulated under letter dated 31.12.2008 with respect to revision of pay as well as enhancement of the age of superannuation. The State of Jharkhand, vide its resolution dated 10.10.2009 [Annexure -6 to W.P.(S) No. 363 of 2010] took a decision to implement the scheme for revision of the pay scale with effect from 1.1 .2006 with a stipulation that expenses would be borne by the State Government to the extent of 20% whereas Central Government would bear the expenses to the extent of 80%. Subsequently, Ministry of Human Resource Development, Department of Higher Education, Government of India, vide its letter dated 11.5.2010 intimated to the State Government that payment of central assistance for implementing the scheme would be subject to condition that the entire scheme of revision of pay scale together with all conditions to be laid down by the U.G.C. by way of regulation and other guidelines shall be implemented by the State Government and Universities and Colleges as a composite scheme without any modification. Soon thereafter U.G.C. in exercise of power under Section 26(i)(e) and (g) of the University Grants Commission Act, 1956 formulated a regulation named as U.G.C. Regulations (on Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education) Regulation, 2010 for giving effect to the scheme formulated under the aforesaid letter dated 31.12.2008 by the Central Government by every University established or incorporated by or under Central Act, Provincial Act or State Act, every institution including constituent or affiliated college recognized by the Commission. The said letter dated 31.12.2008 which forms part of the regulation does stipulate about the enhancement of the age of superannuation from 62 to 65. In spite of that, when State Government or the different Universities did not take any decision in the matter of enhancing the age of superannuation from 62 to 65, these writ applications were filed on behalf of the petitioners who are either University Professors, Professor -Reader, Lecturer in different departments of different colleges constituent units either of Ranchi, Binoba Bhabe, Nilambar and Pitambar, Kolhan or Siddhu Kanhu University and have not attained age of 62 years before 30.6.2010 for issuance of a writ in the nature of mandamus for directing the State to enhance the age of superannuation of the teachers of the Universities from 62 to 65 years. In course of pendency of these writ applications, the State of Jharkhand took a resolution as contained in memo no.1188 dated 20.11.2010 whereby recommendation with respect to revision of the pay was accepted but at the same time Government refused to enhance the age of superannuation from 62 to 65 years. The said order in some cases has also been sought to be quashed.

(3.) THEN clause 8(p) speaks about the applicability of the regulation which reads as under: 8(p). Applicability of the scheme.(i) This scheme shall be applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges there under and the institutions deemed to the Universities whose maintenance expenditure is met by the U.G.C. The implementation of the revised scales shall be subject to the acceptance of all the conditions mentioned in this letter as well as Regulations to be framed by the U.G.C. in this behalf. Universities implementing this Scheme shall be advised by the U.G.C to amend their relevant statutes and ordinance in line with the U.G.C. Regulations within three months from the date of issue of this letter.