- (1.) Several writ petitions came to be filed in the High Court raising a common issue regarding the superannuation age. All the petitioners were serving in different private colleges which were enjoying the grant-in-aid by the Government. They were serving in the capacity as Lecturers, Professors, Readers, Librarians, Physical Education Teachers, etc. Their common prayer in the writ petitions was that their age of superannuation which was hitherto 58 or 60 years, as the case may, should be raised to 62 years. For this they all commonly relied on a communication No.F.1.22/97-U.I dated 27.7.1998. The claim made by the petitioners was that firstly the decision of the Government of India was mandatory and binding vis-a-vis the colleges/universities. This was all the more reiterated in the backdrop that the Central Government was providing financial assistance to the State Government in implementing the scheme of revision of pay scales. It will be better for us to quote the whole letter dated 27.7.1998 since the same happens to be the main and by far the only basis for the prayers made in the writ petitions (unfortunately, the copies of the writ petitions have not been filed before us though there are several appeals): "Sub: Revision of pay scales of teachers in Universities and colleges following the revision of pay scales of Central Government employees on the recommendations of Fifth Central Pay Commission: Madam/Sir, I am directed to say that in fulfillment of the constitutional responsibility for consideration, determination and maintenance of standards in higher education, the Central Government and the University Grants Commission (UGC) have taken, from time to time, several measures. As a part of these efforts, the Central Government has revised the pay scales of teachers in Central Universities and Colleges thereunder in order to attract and retain talent in the teaching profession. A copy of the letter addressed to the UGC giving details of the revised scales of pay and other provisions of the scheme of revision of pay scales is enclosed. 2. In discharging its constitutional responsibility, the Central Government has decided to continue to provide financial assistance to the State Governments who wish to adopt and implement the Scheme of revision of pay scales subject to the following terms and conditions: (a) The Central Government will provide financial assistance to the State Governments which have opted for these revised pay scales to the extent of 80% of the additional expenditure involved in the implementation of the revision. (b) The State Government will meet the remaining 20% of the expenditure from their own sources. (d) The financial assistance, indicated above, would be provided for the period from 1.1.1996 to 31.3.2000. (e) The entire liability on account of revision of pay scales, etc., of university and college teachers would be taken over by the State Governments w.e.f. 1.4.2000. (f) The Central assistance would be restricted to revision of pay scales in respect of only those posts which were in existence and filled up on 1.1.1996. 3. The State Governments, after taking local conditions into consideration, may also decide in their discretion, to introduce scales of pay different from those mentioned in the scheme, and may give effect to the revised scales of pay from January 1, 1996, or a later date. In such cases, the details of the modifications proposed either to the scales of pay or the date from which the scheme is to be implemented, should be furnished to the Government of India for its approval and, subject to the approval being accorded to the modifications, Central assistance on the same terms and conditions as indicated above will be available to the State Governments for implementation of the scheme with such modifications, provided that the modified scales of pay are not higher than those approved under the scheme. 4. The payment of Central assistance for implementation of the Scheme is also subject to the condition that the entire scheme of revision of pay scales, together with all the conditions to be laid down in this regard by the UGC by way of Regulations, is implemented by the State Governments as a composite scheme without any modification except to the date of implementation and scales of pay as indicated above. 5. It shall be necessary for the Universities and Managements of colleges to make necessary changes in their statutes, ordinances, rules, regulations, etc., to incorporate the provisions of this scheme. 6. The detailed proposal for implementation of the scheme on the lines indicated above, may kindly be formulated immediately and sent to the Department of Education in the Ministry of Human Resources Development for examination so that Central assistance to the extent indicated above can be sanctioned for the implementation of revised scales of pay. 7. Anomalies, if any, in the implementation of the scheme may be brought to the notice of the Department of Education in the Ministry of Human Resource Development for clarification. 8. The scheme applies to teachers in all Universities (excluding Agricultural Universities) and colleges (excluding Agricultural, Medical and Veterinary Science Colleges) admitted to the privileges of the Universities."
(2.) The petitioners also relied on a UGC notification on revision of pay scales bearing No.1-3-1494(PS) dated 24.12.1998. This was a communication from the Secretary, University Grants Commission along with the whole scheme. Few other letters like Letters dated 22.9.1998 and 6th November, 1998 were also relied upon and lastly a consolidated statement sent by the Ministry based upon the above mentioned three letters was also heavily relied upon. From that consolidated statement our attention was invited to the following para No.(vi): "(vi) Age of superannuation (Annexure I) The age of superannuation of university and college teachers, Registrar, Librarians, Physical Education personnel, Controller of examination, Finance Officers and such other university employees who are being treated at par with the teachers and whose age of superannuation was 60 years, would be 62 years and thereafter no extension in service should be given. However, it will be open to a university or college to re- employ a superannuated teacher according to the existing guidelines framed by the UGC upto the age of 65 years (Annexure I & III)."
(3.) In short initially the claim of some of the writ petitioners was entirely based on this material for the extended age of superannuation upto 62 years. The things did not stop here.;