- (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.
(3.) 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.;