- (1.) THE common question involved in this batch of cases is as to whether University Grants Commission Regulation dated 30.6.2010 is binding upon the State Government/State Universities so far it relates to enhancement of the age of the teachers of Universities from 62 to 65?
(2.) THE background of the matter which led to filing of all these writ applications is that consequent upon revision of pay scale of the Central Government employees on the recommendation of 6th Central Pay Commission the Ministry of Human Resource Development, Department of Higher Education, Government of India on the recommendation of the University Grants Commission (hereinafter referred to as 'the U.G.C.) formulated a scheme whereby pay of the teachers and equivalent cadres of the Central Universities and Colleges was revised with effect from 1.1.2006 with a stipulation that the Central Government would bear the additional expenses to the extent of 80% whereas 20% expenses is to be borne by the State Government which decision was communicated by the Ministry, vide its letter dated 30.12.2008 to the Secretary, University Grants Commission New Delhi. Under the Scheme, the said revision of pay is to be extended to the Universities, Colleges and other Higher Educational Institutions coming under the purview of the State Legislation provided the State Government wishes to adopt and implement this scheme, subject to the terms and conditions stipulated therein. Subsequent to that, the U.G.C. vide its letter dated 27.2.2009 made request to the State Government to adopt the said scheme as formulated under letter dated 31.12.2008 with respect to revision of pay as well as enhancement of the age of superannuation. The State of Jharkhand, vide its resolution dated 10.10.2009 [Annexure -6 to W.P.(S) No. 363 of 2010] took a decision to implement the scheme for revision of the pay scale with effect from 1.1 .2006 with a stipulation that expenses would be borne by the State Government to the extent of 20% whereas Central Government would bear the expenses to the extent of 80%. Subsequently, Ministry of Human Resource Development, Department of Higher Education, Government of India, vide its letter dated 11.5.2010 intimated to the State Government that payment of central assistance for implementing the scheme would be subject to condition that the entire scheme of revision of pay scale together with all conditions to be laid down by the U.G.C. by way of regulation and other guidelines shall be implemented by the State Government and Universities and Colleges as a composite scheme without any modification. Soon thereafter U.G.C. in exercise of power under Section 26(i)(e) and (g) of the University Grants Commission Act, 1956 formulated a regulation named as U.G.C. Regulations (on Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education) Regulation, 2010 for giving effect to the scheme formulated under the aforesaid letter dated 31.12.2008 by the Central Government by every University established or incorporated by or under Central Act, Provincial Act or State Act, every institution including constituent or affiliated college recognized by the Commission. The said letter dated 31.12.2008 which forms part of the regulation does stipulate about the enhancement of the age of superannuation from 62 to 65. In spite of that, when State Government or the different Universities did not take any decision in the matter of enhancing the age of superannuation from 62 to 65, these writ applications were filed on behalf of the petitioners who are either University Professors, Professor -Reader, Lecturer in different departments of different colleges constituent units either of Ranchi, Binoba Bhabe, Nilambar and Pitambar, Kolhan or Siddhu Kanhu University and have not attained age of 62 years before 30.6.2010 for issuance of a writ in the nature of mandamus for directing the State to enhance the age of superannuation of the teachers of the Universities from 62 to 65 years. In course of pendency of these writ applications, the State of Jharkhand took a resolution as contained in memo no.1188 dated 20.11.2010 whereby recommendation with respect to revision of the pay was accepted but at the same time Government refused to enhance the age of superannuation from 62 to 65 years. The said order in some cases has also been sought to be quashed. Before adverting to submissions advanced on behalf of the parties, certain facts upon which the parties have based their cases may be taken notice of. In this regard, it be stated that the Central Government for implementation of .the standardization of the education and implementation of the pay revision formulated a scheme under letter dated 31.12.2008 whereby at clause 8(f) stipulation was made to enhance the age of teachers of the Universities from 62 to 65 years which reads as follows: 8(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 Institutions has already been enhanced to sixty five years, vide the Department of Higher Education letter no. F. No. 119/2006 -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 D.O letter No. F.1 -24/2006 -Desk(U) dated 30.3.2007 to enhance the age of superannuation of Vice -Chancellor of the Central Universities from 65 to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case . of Central Universities).
(3.) THEN clause 8(p) speaks about the applicability of the regulation which reads as under: 8(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 the Universities whose maintenance expenditure is met by the U.G.C. The implementation of the revised scales shall be subject to the acceptance of all the conditions mentioned in this letter as well as Regulations to be framed by the U.G.C. in this behalf. Universities implementing this Scheme shall be advised by the U.G.C to amend their relevant statutes and ordinance in line with the U.G.C. Regulations within three months from the date of issue of this letter. (i) .. (ii) ......................... (iii) ....................... (iv) This Scheme, may be extended to Universities, Colleges and other higher educational institutions coming under the purview of State legislatures, provided State Governments wish to adopt and implement the Scheme subject to the following terms and conditions: (a) Financial 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 per cent) 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 per cent) of the additional expenditure from its own sources. (c) Financial assistance referred to in .sub -clause (a) above shall be provided for the period from 1.1.2006 to 31.3.2010. (d) The entire liability on account of revision of pay scales etc. of University and College teachers shall be taken over by the State Government opting for revision of pay scales with effect from 1.4.2010. (e) Financial assistance from the Central Government shall be restricted to revision of pay scales in respect of only those posts which were in existence and had been filled up as on 1.1.2006. (f) State Governments, taking into consideration other local conditions, may also decide' in their discretion, to introduce scales of pay higher than those mentioned in this Scheme, and may give effect to the revised bands/scales of pay from a date on or after 1.1.2006; however, in such cases, the details of modifications proposed shall be furnished to the Central Government and Central assistance shall be restricted to the Pay Bands as approved by the Central Government and not to any higher scale of pay fixed by the State Government(s). (g) Payment of Central assistance for implementing this Scheme is also subject to the conditions that the entire Scheme of revision of pay scales, together with all the conditions to be laid down by the U.G.C. by way of Regulation 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 hereinabove.;