- (1.) WE have heard Shri Vivek Prakash Mishra, learned counsel for the petitioners. Learned Standing Counsel appears for the State respondents. Shri Sanjay Kumar Singh appears for the Agra College, Agra.
(2.) THE petitioner no. 1 is an Associate Professor and Head of the Department of Chemistry, and petitioner no. 2 is an Associate Professor and Head of the Department of Mathematics, Agra College, Agra. They will be attaining the age of 62 years on 18.1.2012 and 15.1.2012 respectively.
(3.) IT is submitted that on the recommendations of the University Grants Commission (UGC) in pursuance to the Chaddha Committee's report the age of retirement of University teachers was increased to 65 years. The recommendation of the UGC for increasing the age of superannuation was made taking into account the shortage of teachers and to maintain uniformity in the conditions of service in the University and colleges in the country. This question came up for consideration before this Court in Indra Deo Dwivedi Vs. Union of India and others in Writ Petition No. 51 (S/B) of 2010, which was dismissed on 22.1.2010. The Court held that enhancement of age of retirement falls exclusively within the domain and policy making power of the State Government. It has a cascading effect on the cadre of service and financial implications. The enhancement of age of retirement also affects the policy of appointments, promotions and has to be implemented after taking a conscious consideration of all the aspects relating to the employment in the Universities and the Colleges affiliated to the Universities. Such a decision cannot be enforced by a writ of mandamus only on the ground of recommendations of the UGC. The Court would not ordinarily interfere with the policy decision of the State Government taken, after entering into consultation with the Department of Higher Education, Ministry of Human Resources Development, Government of India and after seeking its opinion by letter dated 31.12.2008. The judgment in Indra Deo Dwivedi (Supra) has been followed in many writ petitions including Writ Petition No. 36285 of 2010 (Dr. Rajnath Upadhyay and others Vs. State of U.P. and others) decided on 22.6.2010. The State Government has not accepted the recommendations of increasing the retirement age, and to amend the statutes of the State Universities.;