DR. ANDANI GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-a Professor of Agronomy in the University of Agricultural Sciences, Bengaluru-560 065, filed this writ petition to quash the communication dated 25-10-2012 as at Annexure-E issued by the 3rd respondent, insofar as it relates to him and for issuing of a writ in the nature of mandamus against the respondents to continue him in service until the attaining of the superannuation age of 65 years.

(2.) By issuing Annexure-E, the 3rd respondent notified that the petitioner would retire from service on 31-5-2013, with the attaining of the superannuation age of 62 years. The petitioner claims that he having opted for UGC/ICAR Regulations, his service conditions should be regulated by the respondents accordingly and in view of the letter issued by the Ministry of Human Resources Development, dated 11-5-2010, revising the age of superannuation to 65 years in respect of the Central Institutions, Annexure-E is illegal, as he can remain in service of the University up to the age of 65 years. Reference was made to the order dated 22-6-2011 passed in W.P. Nos. 13449 to 13453 of 2011, wherein it was directed that the age of superannuation of the Associate Professors, Principals and Librarians, who had opted for UGC Pay scale shall be 65 years.

(3.) Statement of objections was filed by the respondents 2 and 3 in justification of the decision to retire the petitioner as per Annexure-E with effect from 31-5-2013 and the fixation of age of superannuation of the Professors in the University at 62 years.