SUSHILA TYAGI DR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been field for seeking direction to the State to implement the decision of the University Grants Commission (hereinafter called the U.G.C.) revising the age of superannuation for teachers from 60 to 62 years and for further direction to the respondents not to interfere with the working of the petitioner as Principal in the Degree College till she attains the age of 62 years.

(2.) Facts and circumstances giving rise too this case are that petitioner had been appointed as a Lecturer in N.R.E.C. College, Khurja, Bulandshahr, affiliated with Agra University in 1974. Subsequently; she was appointed as the Principal in 1984. On 18.10.1994, petitioner joined Kunwar R.C. Mahila Maha Vidyalaya, Mainpuri as its Principal. The age of superannuation as per existing Rules is 60 years, However, in view of the provisions of the Statute 16.15 a teacher which includes the Principal also, shall remain in service till the end of the academic session, i.e., 30th June of the year following. Thus, petitioner is entitled to continue as Principal upto 30th June, 2003. Petitioner's date of birth is 8.12.1942 and thus, she ought to have retired w.e.f. 7th December, 2002. But in view of the aforesaid provision she is entitled to continue in service upto 30.6.2003. Petitioner claims that as the U.G.C. has made recommendations to increase the age of superannuation of teachers from 60 to 62 years, respondents should be directed to implement the said recommendations and petitioner be permitted to hold the office of Principal till she attains the age of 62 years, i.e., till 7.12.2004 and further upto 30.6.2005 by virtue of the other statutory provisions.

(3.) Shri Ashok Khare, learned Senior Advocate appearing for the petitioner has submitted that once the recommendation has been made by the U.G.C. long back and it has a binding effect on statutory authorities, the petitioner is entitled for the relief claimed herein.