Amar Bir Singh Gill, J. - (1.) THE petitioners are working as Lecturers and Principals in various Government Colleges in the State of Haryana. Feeling aggrieved of the action of respondent -State in not enhancing the retirement age to 60 years, they have approached this Court for declaring clause 19 of the notification dated 13.5.1999, Annexure P -2 as ultra vires of Article 14 of the Constitution of India to the extent that it provides the age of retirement of Lecturers/Principals of Government Colleges as 58 years instead of 60 years being illegal, arbitrary and discriminatory as the similarly situated Lecturers/Principals of the private aided colleges, Universities and the University maintained colleges are being retired at the age of 60 years. The petitioners further pray that the respondents be restrained from retiring them at the age of 58 years and allow them to continue in service the age of 60 years.
(2.) THE case of the petitioner, in brief, who during the pendency of this petition have since retired, is that they joined the service as Lecturers on different dates and were promoted as Principals and their dates of retirement are indicated in the writ petition which read as under : -
(3.) It is claimed that the qualifications, pay scales and other service conditions of the Lecturers of Government Colleges, Universities, University maintained Colleges and private aided Colleges are the same. However, the Lecturers and Principals who are working in the Government Colleges are retiring at the age of 58 years whereas their counterparts working in the Universities, private aided Colleges or University maintained Colleges are being retired at the age of 60 years and the petitioners are being discriminated in so far as their date of retirement is concerned, who are made to retire at the age of 58 years. They also claim that the State Government grants aid to the private aided Colleges to the extent of 95% besides the Universities, University maintained Colleges and private aided Colleges are also being financed by the State Government. It is claimed that the pay scale and other conditions of the Lecturers throughout the country are governed by the Regulations/Guidelines of the University Grams Commission (for short to be referred as "the U.G.C.") which are binding in nature and are being followed uniformly by every State Government, Universities and University maintained Colleges and private aided Colleges and Lecturers/Teachers are being paid the revised pay scales only on the recommendations of the U.G.C. The revision of pay scales by the State Government for various employees are not applicable in the case of teachers and Lecturers and their pay scales are only revised on the basis of the recommendations of the U.G.C. The U.G.C. issued notification, Annexure P -1, on 24.12.1998 prescribing the minimum qualifications for appointment of teachers in the Universities and Colleges and other measures for maintenance of standards. The State Government implemented the notification, Annexure P -1 by notification, dated 13.5.1999 and revised the pay scales of the petitioners who are working in the Government Colleges. However, the State Government did not implement the recommendations of the U.G.C. in respect of age of retirement. By the impugned notification, the State Government has provided as under : - "AGE OF SUPERANNUATION : 19. The age of superannuation will remain unchanged and teachers working in Govt. Colleges will continue to retire on attaining the age of 58 years and the teachers personnel working in private affiliated Colleges and Universities will continue to retire on attaining the age of 60 years.";