M.Y.EQBAL, J. - (1.) IN these writ applications petitioners seek issuance of writ in the nature of mandamus commanding the respondents to extend the period of service of the petitioners and all the teaching employees of the University and College till attaining the age of 62 years and for implementation of notification issued by the University Grant Commission and the direction issued by the Central Government and further for a writ of certiorari.
(2.) PETITIONERS are the teachers in different colleges of the University in the State of Jharkhand. It is contended that on 27.7.1998, the Central Government issued two letters to the Education Secretary of all the States to implement the recommendation of University Grant Commission and also suggested that the age of superannuation of University teachers should be 62 years. The grievance of the petitioners is that the universities have not implemented the aforementioned letters and extended the age of superannuation of the University/College teachers. In the counter -affidavit filed by the University Grant Commission, it is stated inter alia that petitioner and many others have been superannuated from their respective services after attaining the age of 60 years in terms of Section 67 of the Bihar State University Act, 1976, which Act has also been adopted by the State of Jharkhand. It is further stated that the implementation of the new UGC scheme is under consideration by the Government of Jharkhand. As such University is not able to consider the prayer of the petitioner. The State of Jharkhand in their counter affidavit have stated that the Government of India, Department of Education by the aforesaid letters simply requested the State Government to consider the question of implementing the revised pay scale of the University teachers with such modification. The Government of Jharkhand constituted a High Power Committee under the Chairmanship of the Chief Secretary of the State to make proper recommendation regarding implementation of the scheme of the revised pay scale of the University teachers except the age of superannuation.
(3.) ADMITTEDLY , under Bihar State University Act, the age of superannuation of a teacher of University/College is 60 years. The Central Government appears to have simply requested the State Government to consider the implementation of the scheme. It is also undisputed fact that the University is fully dependent on the fund released by the State Government in the matter of payment of salary to the teaching and non -teaching staff of the University/Colleges. The matter relating to implementation of UGC scheme is a policy decision which has to be taken by the State Government only.;