Jyotirmay Bhattacharya, J. - (1.) This application under Article 226 of the Constitution of India is directed against the judgment and order dated 7th March, 2003 as well as the order dated 31st March, 2003 both passed by the West Bengal Administrative Tribunal in O.A. No. 6925 of 1999.
(2.) All Bengal State Government College Teachers' Association is the petitioner before this Court.
(3.) For proper and effective appraisal of the challenge thrown by the writ petitioner in this application before this Court, the following relevant facts leading to the filing of this writ petition are set out hereunder: (a) The Government of India, after taking into consideration the recommendations made by the University Grants Commission, decided to revise the pay scales of teachers in the Central Universities and Colleges thereunder in order to attract and retain talent in teaching profession. (b) Pursuant to the said decision, the Director of Ministry of Human Resources Development (Department of Education), Government of India issued two letters both dated 27th July, 1993 bearing the same reference No. being F.1-22/97-U.1. (c) One of such letters being Annexure P-1 to the writ petition was addressed to the Secretary, University Grants Commission which was written on the subject of revision of pay scales of teachers in Central Universities following revision of pay scales of Central Government employees on the recommendations of 5th Central Pay Commission. It was indicated in the said letter that the revision of pay scales of the teachers would be subject to various provisions of the scheme of revision of pay scales as contained in the said letter and the regulations to be framed by the UGC in this behalf. Since the dispute involved in the writ petition is only with regard to implementation of one of such terms with regard to the age of superannuation, the said term is set out hereunder: "(vi) Age of superannuation The age of Superannuation of university and college teachers 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 65 years." (d) In clause 3 of the said letter it was mentioned that the said scheme will be applicable to the teachers in all the Central Universities and Colleges thereunder and the deemed to be Universities whose maintenance expenditure is met by the UGC. The implementation of the revised scales will be subject to the acceptance of all the conditions mentioned in this letter as well as the Regulations to be framed by the UGC in this behalf. The Universities were advised to amend their statutes and ordinances in line with the Regulations within three months from the date of issuance of this letter. (e) The other letter being Annexure P-2 to this petition bearing the same date and reference number was issued by the Director of the Ministry of Human Resources Development (Department of Education), Government of India to the Education Secretaries of all States/Union Territories with regard to the subject of revision of pay scales of teachers in Universities and Colleges following the revision of pay scales of Central Government employees on the recommendations of 5th Central Pay Commission. It was mentioned in the said letter that in discharging the Constitutional responsibility, the Central Government 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 : (i) 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 in the implementation of the revision. (ii) The State Government will meet the remaining 20% of the expenditure from their own sources. (iii) The financial assistance, indicated above, would be provided for the period from 1.1.1996 to 31.3.2000. (iv) The entire liability on account of revision of pay scales, etc., of university and college teachers; would be taken over by the State Government with effect from 1.4.2000. (v) The central assistance would be restricted to revision of pay scales in respect of only those costs which were in existence and filled up on 1.1.1996. (f) It was also mentioned in the said letter that 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 alter date. However, in case of any modification in this regard, intimation should be given to the Government of India for its approval and subject to the approval being accorded to the modifications by the Government of India. It was further mentioned therein that the payment of central assistance for implementation of the scheme was 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 Regulation should be implemented by the State Government as a composite scheme without any modification except to the date of implementation and scales of pay as indicated therein. (g) Subsequently, the UGC Notification, 1998 on the revision of pay scales, minimum qualifications for the appointment of teachers in the universities and colleges and other measures for maintenance of standards was issued. But no Regulation was framed by the UGC pursuant to the said Notification as yet. (h) After taking into consideration of the said scheme regarding grant of central assistance for revision of pay scales of the teachers of the Government Colleges, the States Government, in order to attract and retain talent in the teaching profession, decided to introduce the scheme of revision of pay scales of the college teachers as recommended by the Government of India in the Government Colleges in a modified manner accordingly, the State Government, by its letter dated 5th February, 1999, intimated the Director of Public Instruction, West Bengal that the State Government had decided to introduce the revised pay scales for teachers of the Government Colleges (excluding medical, agriculture, veterinary science and engineering colleges) of the State with effect from 1.1.1996 subject to the conditions stipulated in Annexure-I to the said letter. It may be mentioned herein that the State Government did not make any provision for increasing the age of superannuation from 60 to 62 years in the said Annexure-I. (i) In furtherance of the said decision the Governor was pleased to formulate a scheme for the teachers of the Government Colleges on the basis of the UGC guidelines by keeping parity with the Service Rules applicable to the State Government employees. Even in the said scheme no provision was made for increasing the age of superannuation of the university and the college teachers from 60 to 62 years. (j) Pursuant to the said communication, the Central Government released the necessary fund for implementation of the revised pay scales of the teachers of the Government Colleges of the State. (k) The petitioner felt aggrieved by that part of the decision of the Government by which the State Government refused to increase the age of superannuation of the college teachers as per the recommendation of the UGC. (1) Challenging the said action of the State respondents, the writ petitioner moved an application under section 19 the Administrative Tribunals Act before the West Bengal Administrative Tribunal. The said proceeding which was registered as Case No. O. A. 6925 of 1999 was ultimately rejected by the learned Tribunal on 7th March, 2003 by holding inter alia, that since no scheme has yet been framed by the UGC in this regard the State Government cannot be compelled to increase the age of superannuation as claimed by the writ petitioner. The learned Tribunal was further pleased to hold that the recommendation given by the UGC in the said letter dated 27th July, 1998 has no binding effect until a Regulation is framed in this regard. (m) The said order of the learned Tribunal is under challenge before us in this writ petition.;