Adarsh Kumar Goel, J. - (1.) THIS order will dispose of a bunch of 100 petitions mentioned above. According to learned Counsel for the Petitioners, all the writ petitions involve common question relating to claim of the writ Petitioners for revision of age of retirement to 65 years. The said claim is based on letter dated 31.12.2008 of the Government of India addressed to the University Grants Commission (UGC) followed by letter of the Government of India dated 11.5.2010 to the Education Secretaries of all State Governments and notification of University Grants Commission (Minimum Qualifications for Appointment of teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of standards in Higher Education) Regulations, 2010.
(2.) A bunch of petitions came up for hearing before learned Single Judge who vide order dated 4.10.2010 referred the matter to the Division Bench as follows: ...3. Since the final outcome of these cases is likely to have far reaching repercussions including some impact on other State services also, it appears inter -alia, that the following important questions of law need to be adjudicated by a larger bench: a) Whether the service conditions including the age of retirement prescribed in the statutory service rules framed under proviso to Article 309 of the Constitution or under a statute can be deemed to have been amended by virtue of the Circular/Scheme dated 31.12.2008 issued by the Government of India? b)Whether the Government of India is competent to command the State Governments/Universities to increase the age of retirement of a section of the State/University employees? c) Whether the 'States' have any lawful authority to barge into the field of 'Education' when the subject matter is directly referable to Entry 66 of List I 'Union List' or Entry 25 of the List III 'Concurrent List' only? d) What will be the impact of the Government of India Scheme or the UGC Regulations in the case of teachers working in the inter state Universities, like Panjab University, Chandigarh? e) What is the scope of Statutory powers of UGC and whether such powers would include the authority to lay down/prescribe the conditions of service including the age of retirement? 4. Admitted to D.B. Let the records of these cases be placed before Hon'ble the Chief Justice for enlisting them before an appropriate Bench on 15.11.2010. xx xxxxxx xxxxx" Accordingly, the matters have been placed before this Bench. Several other writ petitions filed after the order of reference have also been listed for hearing. Cwp No. 9665 of 2010 has been treated to be the main petition on suggestion of learned Counsel for the parties and pleadings are being referred to from the said petition. Case of the Petitioners is that they are teaching in different departments of Guru Nanak Dev University (GNDU). Their superannuation age is 60 years as per applicable rules. The Government of India appointed Sixth Pay Commission on 5.10.2006 to consider the demand of the Central Government employees for increase in salary and improvement of other service conditions. The said Commission gave its report on 24.3.2008 which was approved by the Union Cabinet on 14.8.2008. The UGC appointed an expert committee to consider the claim of the teachers in Universities and colleges for revision of pay scales and other allied issues headed by Prof.G.K. Chadha. The Committee gave its report recommending revision of pay scales and enhancement of age of superannuation to meet the situation arising out of shortage of teachers and to attract eligible scholars to the teaching profession to improve the standard of quality of higher education. The said Committee also recommended re -engagement of retired teachers up to the age of 70 years.
(3.) BASED on consideration of the said report, the Government of India vide letters dated 23.3.2007 conveyed its decision to revise age of superannuation of all persons holding teaching position as on 15.3.2007 to 65 years and also provided for re -employment of such teachers up to the age of 70 years. The said age was applicable to "Centrally funded higher and technical education institutions coming under the purview of this ministry in order to overcome the shortage of teachers." Thereafter, vide letter dated 31.12.2008, Annexure P.3, scheme for revision of pay scales was conveyed by the Ministry of HRD to the UGC. Therein, issue of age of superannuation also figured in para 8(f). The said para alongwith sub para (p) of para 8 are reproduced below: 8. Other terms and conditions: a) to e). xxxx XX XX XX f) Age of Superannuation. i)in order to meet the situation arising out of shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teachers in Central Educational institution has already been enhanced to sixty five years vide the department of higher education letter No. F No. 1 -19/2006 -U.II dated 23.3.2007 for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide department of higher education DO letter No. F.1 -24/2006 Desk (U) dated 30.3.2007 to enhance the age of superannuation of Vice chancellors of Central Universities from 65 years to 70 years subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities). ii) subject to availability of vacant positions and fitness teachers shall also be re employed on contract appointment beyond the age of sixty five years up to the age of seventy years. Re -employment beyond the age of superannuation shall, however be done selectively for a limited period of three years in the first instance and then for another further period of two years purely on the basis of merit, experience area of merit, experience, area of specialization and peer group review and only against available vacant positions without affecting selection or promotion prospects of eligible teachers. Whereas the enhancement of the age of superannuation for teachers engaged in class room teaching is intended to attract eligible persons to a career in teaching and to meet the shortage of teachers by retaining teachers in service for a longer period, and whereas there is no shortage in the categories of librarians and Directors of Physical Education, the increase in the age of superannuation from the present sixty two years shall not be available to the categories of Librarians and Directors of Physical Education. xx xx xx xxx xxx p) Applicability of the Scheme: i)This scheme shall be applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and colleges there under and the institutions deemed to be universities whose maintenance expenditure is met by the UGC. The implementation of the revised scales shall be subject to the acceptance of all the conditions motioned in this letter as well as Regulations to be framed by the UGC in this behalf. Universities implementing this scheme shall be advised by the UGC to amend their relevant statutes and ordinances in line with the UGC to amend their relevant statutes and ordinances in line with the UGC Regulations within three months from the date of issue of this letter. ii) to iv) xx xx xx xx v) This scheme may be extended to universities, colleges and other higher educational institutions coming under the purview of State Legislature, provided State Governments wish to adopt and implement the scheme subject to the following terms and conditions. a) Finance assistance from the Central Government to State Governments opting to revise pay scales of teachers and other equivalent cadre covered under the Scheme shall be limited to the extent of 80% (eighty percent) of the additional expenditure involved in the implementation of the revision. b) The state Government opting for revision of pay shall meet the remaining 20% (twenty percent) of the additional expenditure from its own sources. c) to f) xx xx xxx xxx xxx g) Payment of central assistance for implementing this 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 by the UGC by way of Regulations and other guidelines shall be implemented by State Governments and universities and colleges coming under their jurisdiction as a composite scheme without any modification except in regard to the date of implementation and scales of pay mentioned herein above." (emphasis supplied);