- (1.) Heard Mr. S.K. Kalia, learned Senior Counsel assisted by Mr. Vidhu Bhushan Kalia, learned counsel for the petitioners as well as learned Additional Chief Standing Counsel.
(2.) The petitioners, who retired as teachers of degree colleges, have sought arrears of salary as per recommendations of the Sixth Pay Commission. The petitioners attained the age of superannuation between 02.07.2005 to 31.12.2005, however, they had been retired at the end of academic session i.e. 30.06.2006. The degree colleges, where the petitioners had taught, had been affiliated with the different universities viz Lucknow University; Dr. Ram Manohar Lohia Awadh University, Faizabad; Rohailkhand University Bareilly; Bundelkhand University; Gorakhpur University; Kanpur University and Meerut University. The Lucknow University had framed the First Statutes of the University on 22.12.1975. Volume-III of the Statutes deals with the age of superannuation. Statutes 16.24(1) of the First Statutes of Lucknow University provides that subject to the provisions of Statutes 16.25 and 16.26, the age of superannuation of a teacher of the university governed by the new scale of pay shall be sixty years. The Statutes 16.24 (3) of the First Statutes of the Lucknow University provides that no extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these Statutes provided that a teacher whose date of superannuation does not fall on June 30 shall continue in service till the end of academic session i.e. June 30 following and will be treated as on re-employment from the date of immediately following his superannuation till June 30, following.
(3.) Statutes 16.24(3) provides that a teacher, who is treated to be on re-employment, will be entitled to pay and other benefits admissible to government employees of equal status. The Government Order dated 17.06.2004 lays down a restriction that the teachers, who are given the benefit of age extension under the Government Order dated 04.02.2004 while working on extension will not be given any administrative post which they might have been enjoying on the date of their superannuation. The same conditions of extension of service are provided in the Statutes of other universities. The recommendations of the Sixty Pay Commission to revise the pay scale of government employees including teachers working in Universities, aided Degree and Post Graduate Colleges has been given effect to w.e.f. 01.01.2006 vide Government Order dated 28.02.2009. On 01.01.2006, the petitioners even after attaining the age of superannuation, had been working on the basis of extension of their service till the end of academic session, which has been termed as re-employment by the Statutes of the universities. The Government had issued a Government Order dated 21.08.1990, whereby the State Government had extended the benefit of increment, pay revision and leave encashment along with computation of the said extended period for the purpose of payment of gratuity.;