VIDYANAND SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS were serving as Scientists/Teachers in various disciplines of Birsa Agricultural University. All of them retired from the service of the University in various capacities and on the dates indicated in paragraph No. 4 of the writ petition, on attaining 60 years of age. After retirement, they have preferred this writ petition, seeking to challenge Clause 3 of Notification No. 3/Misc. -18/2004 -115 dated 31st July, 2005 whereunder this notification was made applicable with immediate effect (prospectively) as regards the enhancement of age of superannuation of the Teachers, Scientists in UGC/ICAR pay scale, from 60 years to 62 years. As a consequence of insertion of Clause 3, only such Teachers/Scientists in UGC/ICAR pay scale, who were in service as on 31st July, 2005, got extension in retirement age from 60 to 62 years. Since the petitioners had already retired before the date of notification, their age of superannuation continued to remain 60 years. Aggrieved of Clause 3, which, inter alia, applies the notification from the date of its issue, they have challenged the same on variety of grounds.

(2.) BEFORE specific grounds raised in this writ petition and urged before this Court are noticed, it may be relevant to briefly notice the background as averred in the pleadings of the parties. Vide a Notification dated March 3, 1999, issued by the Government of India, Ministry of Agriculture, Department of Agricultural Research and Education, New Delhi, addressed to the Chief Secretaries of all the States, certain benefits were proposed for the Teachers in Agricultural Universities and Colleges on account of revision of pay scale of Central Government employees on the recommendation of 5th Central Pay Commission. Besides revising the pay scales, in paragraph No. 4(vi) it is mentioned that the competent authority has accepted the proposal of the Council for enhancement of age of retirement of the Teachers from 60 to 62 years. Necessary action has already been taken and after final decision, separate order in this regard will be issued and until such time, the age of superannuation will continue to be 60 years. In paragraph 8(i) it is further provided that the pay scale and service conditions of SAU/CAU's personnel will be determined only by ICAR and that decision taken by the UGC in this regard will not be applicable unless they are accepted by the ICAR. This was followed by a letter dated 12th December, 2002 from the State Government to the Accountant General, communicating him regarding the revision of pay scale with effect from 1st January, 1996. In paragraph (XVI) of the aforesaid letter it was further mentioned that the directions of ICAR alone will be applicable and for implementation of the pay scale and other conditions, wherever necessary, amendments be made in the Agricultural Universities Statutes/Rules. Government of India, Ministry of Agriculture, issued a further office memorandum F.No. 1(7)/98 -Per.IV dated 31st October, 2003, addressed to the Chief Secretaries of all the State and Vice Chancellors of the Central Agricultural Universities with copies to the Vice Chancellors of all State Agricultural Universities. Copy of the same was also sent to the Vice Chancellor, Biasa Agricultural University, Ranchi. Through this memorandum it has been communicated that the competent authority has enhanced the age of superannuation of the Teachers/ Scientists of State Agricultural Universities/Central Agricultural Universities, Imphal from existing 60 years to 62 years with effect from 13th October, 2003, Consequently Teachers/Scientists, who are due to retire on superannuation on 31st October, 2003 will also retire after attaining the age of 62 years. This was followed by another letter F.No. 1(7)/98 -Per.IV dated 5th November, 2003, clarifying that the enhancement of age of retirement is applicable to such Teachers/Scientists, who are still in service and also to those, who are due to retire on 31st October, 2003 and it will not be applicable to the Teachers/Scientists, who have already retired and to those, who are on extension/re -employment. This communication was also sent to the Chief Secretaries of all the States.

(3.) ON the basis of the aforesaid letter dated 5th November, 2003 and the resolution, the Vice Chancellor of Birsa Agricultural University, Ranchi, recommended to the State Government for enhancement of age of the Teachers/Scientists from 60 to 62 years vide his letter No. 527 dated 10th February, 2004.