The High Court of Karnataka disposed of multiple writ petitions filed by teachers seeking enhancement of retirement age. While UGC recommendations suggest an age of 65, the Court held that retirement age is a matter of policy statutory under Article 309, reserved for the State Executive to decide based on financial and employment factors.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.8888/2020 (S-RES) C/W W.P.No.7223/2020, W.P.No.7277/2020, W.P.No.8314/2020, W.P.No.8889/2020 W.P.No.8992/2020, W.P.No.9370/2020, W.P.No.10369/2020, W.P.No.15360/2020, W.P.No.3515/2021, W.P.No.3589/2021, W.P.No.11071/2021, W.P.No.13790/2021, W.P.No.13880/2021, W.P.No.15412/2021, W.P.No.19513/2021, W.P.No.22629/2021, W.P.No.24520/2021, W.P.No.2344/2022, W.P.No.4087/2022, W.P.No.4939/2022, W.P.No.7531/2022, W.P.No.7552/2022, W.P.No.7734/2022, W.P.No.8049/2022, W.P.No.9024/2022, W.P. No.9069/2022 W.P.No.9700/2022, W.P.No.9702/2022, W.P.No.9787/2022, W.P.No.9808/2022, W.P.No.10014/2022, W.P.No.10105/2022, W.P.No.12020/2022, W.P.No.12605/2022, W.P.No.12861/2022, W.P.No.12880/2022, W.P. No.9471/2022, W.P. No.12953/2021, W.P. No.13047/2021, W.P. No.1278/2022, W.P. No.1579/2022, W.P. No.9011/2022, W.P. No.9788/2022, W.P. No.11879/2022, W.P. No.12373/2022, W.P. No.13367/2022, W.P. No.13728/2022, W.P. No.10426/2022, W.P. No.4089/2022, W.P. No.9016/2022,
2
IN W.P. NO.8888/2020
BETWEEN:
3
ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122
6 . MR PATIL MAHADEV KRISHNEGOUDA S/O KRISHNEGOUDA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122.
9 . MR HALLEPPA BHIMAPPA HALLEPPA S/O HALLEPPA AGED ABOUT 51 YEARS ASSISTANT PROFESSOR V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122
10 . DR SUJATHA MALLANGOUDA D/O MALLANGOUDA AGED ABOUT 50 YEARS ASSOCIATE PROFESSOR V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122
4
11 . MR BALAPPA NARAYANA S/O NARAYANA AGED ABOUT 47 YEARS ASSISTANT PROFESSOR V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122
12 . MR RATNAPPA PADMARAJ S/O RATNAPPA AGED ABOUT 45 YEARS ASSISTANT PROFESSOR V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122 13 . MR AMARESH BASANNA KUMBAR S/O BASANNA AGED ABOUT 59 YEARS LIBRARIAN V C B EDUCATION SOCIETY'S ARTS AND COMMERCE COLLEGE LINGASUGUR - 584 122
14 . MR MADIWALAPPA S BIRADAR S/O SIDDANNA AGED ABOUT 56 YEARS ASSOCIATE PROFESSOR GEC G S PATIL ARTS AND COMMERCE COLLEGE KUNDGOL - 581 113
15 . MR RAVIKUMAR B GODI S/O BASAPPA AGED ABOUT 57 YEARS ASSOCIATE PROFESSOR GEC G S PATIL ARTS AND COMMERCE COLLEGE KUNDGOL - 581 113
16 . MR RAMANAGOUDA T HIREGOUDAR S/O TAKANAGOUDA
5
AGED ABOUT 58 YEARS ASSOCIATE PROFESSOR GEC G S PATIL ARTS AND COMMERCE COLLEGE KUNDGOL - 581 113
6
GEC G S PATIL ARTS AND COMMERCE COLLEGE KUNDGOL - 581 113
22 . DR C G JEELAN KHAN S/O C P HUSSAIN KHAN AGED ABOUT 59 YEARS ASSISTANT PROFESSOR GOVERNMENT FIRST GRADE COLLEGE SINDHANUR - 584 128
23 . MR BASANNA DIGGE S/O LATE EKANATH AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR VIJAYANAGAR COLLEGE HOSPET - 583 201
24 . DR G UMAMAHESWAR S/O LATE VIRUPAKSHIS AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR VIJAYANAGAR COLLEGE HOSPET - 583 201
25 . DR K M MANJUNATH S/O K M SANNAVEERAIAH AGED ABOUT 59 YEARS PRINCIPAL KOTTURESHWARA FIRST GRADE COLLEGE KOTTUR - 583 134
26 . MR K S KOTRESWARA GOUD S/O LATE K S ADAVI GOUD AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR KOTTURESHWARA FIRST GRADE COLLEGE KOTTUR - 583 134
27 . MR T SATEESHA S/O LATE T NAGENDRAPPA AGED ABOUT 59 YEARS
7
ASSOCIATE PROFESSOR KOTTURESHWARA FIRST GRADE COLLEGE KOTTUR - 583 134
28 . MR SHIVANAND M HUNGUND
S/O MALLIKARJUN HUNGUND AGED ABOUT 57 YEARS ASSOCIATE PROFESSOR S P AND J M B COMMERCE DEGREE COLLEGE SURPUR - 585 224
29 . MR S S PATIL S/O SHANTAPPA PATIL AGED ABOUT 59 YEARS
ASSOCIATE PROFESSOR
S P AND J M B COMMERCE DEGREE COLLEGE
SURPUR - 585 224
30 . DR N B INGANAL
S/O BOMMANNA INGANAL AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR
B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE
MUDHOL - 587 313
31 . MRS S S BIRADAR W/O SHANKARGOUDA BIRARDAR AGED ABOUT 49 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313
32 . DR M R JARAKUNTI S/O RAMAPPA JARAKUNTI AGED ABOUT 46 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313
8
33 . DR M N PATIL S/O NARASAPPA PATIL AGED ABOUT 43 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313
34 . MR M H VADDAR S/O HANUMANTAPPA VADDAR AGED ABOUT 41 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313 35 . MR A U RATHOD S/O UMALU RATHOD AGED ABOUT 37 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313
36 . MR M N BALANAIK S/O MILAN BALANAIK AGED ABOUT 33 YEARS ASSISTANT PROFESSOR B V V SANGHA'S SHRI S R KANTHI ARTS COMMERCE AND SCIENCE COLLEGE MUDHOL - 587 313
37 . DR L RAMESH S/O M LAKSHMIKANTHAIAH AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR VIVEKANANDA DEGREE COLLEGE RAJAJINAGAR BENGALURU - 560 055
38 . MR WATKAR ASHOK K S/O KUBALANNA WATKAR
9
AGED ABOUT 59 YEARS ASSISTANT PROFESSOR GOVERNMENT DEGREE COLLEGE CHITAPUR ROAD STATION YADGIR - 585 202
S/O HAVINHAL CHANNBASAPPA AGED ABOUT 58 YEARS PRINCIPAL ADB FIRST GRADE COLLEGE HARAPANAHALLI - 583 131
40 . MR RUDRAPPA SIDDANNA BIRADAR S/O SIDDANNA BIRADAR AGED ABOUT 58 YEARS ASSISTANT PROFESSOR SMT BANGARAMMA SAJJAN ARTS AND COMMERCE COLLEGE FOR WOMEN VIJAYAPUR - 586 101
41 . DR KOMALA BHAT
D/O MAHABLESHWAR BHAT AGED ABOUT 58 YEARS ASSOCIATE PROFESSOR M E S M M ARTS AND SCIENCE COLLEGE SIRSI - 581 402
42 . MR K S GOUDAR
S/O SHRIKAR GOUDAR AGED ABOUT 58 YEARS ASSOCIATE PROFESSOR M E S M M ARTS AND SCIENCE COLLEGE SIRSI - 581 402
43 . MR MANJUANTH P BHAT S/O PARAMESHWAR BHAT AGED ABOUT 58 YEARS ASSOCIATE PROFESSOR M E S M M ARTS AND SCIENCE COLLEGE SIRSI - 581 402
10
44 . DR T S HALEMANE
AND:
11
.. RE. . ... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR QUASHING THE GOVERNMENT ORDER NO.02 DCE 2020 DATED 17/02/2020 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.7223/2020
BETWEEN:
12
13
14
15
... PETITIONERS
(BY SRI RAMANANDA A.D., ADVOCATE)
AND:
16
BAHADDUR SHA ZAFAR MARG NEW DELHI - 110 002.
... RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI H.R. SHOWRI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASHING THE GOVERNMENT ORDER NO.02 DCE 2020 DTD.17.2.2020 VIDE ANENXURE-B ONLY IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.7277/2020
BETWEEN:
1 . MR. K. VENKATARAVANAPPA S/O. KRISHNA REDDY, ASSOCIATE PROFESSOR, BNM DEGREE COLLEGE, BSK 2ND STAGE, BENGALURU - 560 070. R/AT NO.10, CHANNAKESHAVA NILAYA, CHIKKALLASANDRA, SUBRAMANYAPURA POST, UTTARAHALLI HOBLI, BENGALURU - 560 061.
2 . MR. SYED YOUSUFF S/O. SYED GAFFAR, AGED ABOUT 59 YEARS PRINCIPAL, GOVERNMENT RAMNARAYAN CHELLARAM COLLEGE OF COMMERCE AND MANAGEMENT, RACE COURSE ROAD, BENGALURU - 560 001.
17
18
SB ARTS AND KCP SCIENCE COLLEGE, VIJAYPURA - 586 103.
9 . MR. SHRISHAIL ACHAKANALLI S/O. YADAPPA ACHAKANALLI, AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR, SB ARTS AND KCP SCIENCE COLLEGE, VIJAYAPUR - 586 103.
10 . MR. NINGAPPA AHERI S/O. SOMARAYA, AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR, KARNATAKA DEGREE COLLEGE, BHANKUR - 585 229. CHITTAPUR TALUK.
11 . MR. ISHWAR S MITRA S/O. SAMBANNA, AGED ABOUT 59 YEARS ASSISTANT PROFESSOR, DR. B R AMBEDKAR FIRST GRADE COLLEGE, HALLIKHAED,
BIDAR - 585 401.
12 . DR. MH YAKAPUR @ MOINUDDIN H YAKAPUR S/O. HASSANSAB, AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR, DR. B R AMBEDKAR FIRST GRADE COLLEGE, HALLIKHED, BIDAR - 585 401.
13 . MR. KHOBBANNA
S/O. SIDDANAGOUD PATIL, AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR, BLEDA'S COMMERCE, BHS ARTS AND TGP SCIENCE COLLEGE, JAMKHANDI - 587 301.
19
14 . DR. T N NAGARAJAIAH
S/O. LATE. THIMME GOWDA, AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR, GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN, CHIKKABALLAPURA - 562 101.
15 . MR. M. NARAYANASWAMY
S/O. LATE. V MUNIYAPPA, AGED ABOUT 59 YEARS PRINCIPAL GRADE I, GOVERNMENT FIRST GRADE COLLEGE, VEMGAL, KOLAR - 563 157. … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
20
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DATED 17.02.2020 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS WP AND ETC.
IN W.P. No.8314/2020
BETWEEN:
21
5 . DR PRAKASH SHANKARAPPA KANAVI S/O SHANKARAPPA AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203. 6 . SRI N R HIRESAKKARAGOUDAR S/O RANGANAGOUDA AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203. 7 . SRI PARUSHARAM REVANASHIDDAPPA SADUGOL S/O REVANASHIDDAPPA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203. 8 . SRI MOHAN CHANDAPPA HULLANNVAR S/O CHANDAPPA AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203. 9 . SRI GANGADHAR PUTTAPPA CHAKRASALI S/O PUTTAPPA AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203. 10 . DR SHIDDALINGAPPA SANGAPPA HURAKADLI S/O SANGAPPA
22
AGED ABOUT 54 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
11 . DR SANGAPPA BASAPPA SAJJANAR S/O BASAPPA AGED ABOUT 52 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
12 . DR PRABHUDEV ANDANAPPA GANJIHAL S/O ANDANAPPA AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
13 . SRI MANOHAR KANTEPPA ROTTI S/O KANTEPPA AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
14 . SRI LINGABASAPPA BASAPPA KAPPALI S/O BASAPPA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
15 . DR SHEKARAPPA VEERAPPA ANDANASHATRA S/O VEERAPPA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR
23
SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
16 . SRI GANGADHAR VEERABHADRAPPA BILAGI S/O VEERABHADRAPPA AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
17 . SRI SHEKHAPPA YANKAPPA PUJAR S/O YANKAPPA AGED ABOUT 55 YEARS, ASSOCIATE PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE HOLEALUR - 582 203.
18 . DR KUMAR YALLAPPA HANJAGI S/O YALLAPPA AGED ABOUT 35 YEARS, ASSISTANT PROFESSOR SKVPS ARTS SCIENCE AND COMMERCE COLLEGE
HOLEALUR - 582 203.
19 . SRI M N NARAYANASWAMY S/O LATE M NANJE GOWDA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR MAHARANIS ARTS COLLEGE FOR WOMEN'S MYSORE - 570 005.
20 . DR PRASAD S/O B S BASAVANNA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR GOVERNMENT FIRST GRADE COLLEGE NANJANAGUDU TALUK MYSORE - 571 314.
24
21 . SRI SHIVANNA S/O LATE ANNE GOWDA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR GOVERNMENT ARTS COLLEGE HASSAN - 573 201.
22 . KALAVATHI D/O C G GURUSWAMY AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR MAHARANI'S ARTS COLLEGE FOR WOMEN, MYSORE - 570 005. 23 . SRI MAHADEVAPRASAD S/O K S NAGARAJ AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR MAHARANI'S ARTS COLLEGE FOR WOMEN, MYSORE - 570 005. 24 . SRI B M LAKSHMINARAYANA S/O B C MAHALINGAPPA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR GOVERNMENT FIRST GRADE WOMEN'S COLLEGE CHITRADURGA - 577 501.
25 . SRI BEERALINGAPPA P M S/O LATE MUDDAPPA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR H P P C GOVERNMENT FIRST GRADE COLLEGE, CHALLAKERE - 577 522. 26 . SRI G P MALLIKARJUNA S/O LATE G PAMPANNA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR MAHARAJA MADAKARI NAYAKA
25
FIRST GRADE COLLEGE CHITRADURGA - 577 501.
27 . SRI BASAWARAJ BIRADAR S/O REVANAPPA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR GOVERNMENT FIRST GRADE COLLEGE MANHALLI BIDAR - 585 419
28 . DR S N SHETTI S/O NARAYAN AGED ABOUT 60 YEARS, PRINCIPAL AND ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343 29 . DR M G HEGADE S/O GAJANAN AGED ABOUT 60 YEARS ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
30 . SHRI M G NAYAK S/O GANESH AGED ABOUT 60 YEARS, ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
31 . DR P K BHATT S/O KRISHNA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
32 . SMT ARATI D NAYAK W/O NAGARAJ AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR
26
DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
33 . SMT SHEEDEVI K D/O K R BHAT AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR DR A.V. BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
34 . DR S V GANVAKAR S/O VITOB AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
35 . DR N N SHET S/O NAGESH AGED ABOUT 57 YEARS, ASSISTANT PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
36 . SHRI S G NAYAK
S/O GANESH AGED ABOUT 57 YEARS, ASSISTANT PROFESSOR
DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
37 . DR N K NAYAK S/O KESHAV AGED ABOUT 57 YEARS, ASSISTANT PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
38 . DR N D NAYAK S/O DEVADAS AGED ABOUT 55 YEARS, ASSISTANT PROFESSOR
27
DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
39 . DR R R NAYAK W/O N T PRAMODA RAO AGED ABOUT 56 YEARS, ASSISTANT PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
40 . SMT VIDYA N TALAGERI W/O M R NAYAK AGED ABOUT 55 YEARS, ASSOCIATE PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
41 . DR P R PANDIT S/O RAMAKRISHNA AGED ABOUT 53 YEARS, ASSISTANT PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
42 . SMT NIRMALA B BALIGA W/O M D NAIK AGED ABOUT 50 YEARS, ASSISTANT PROFESSOR DR A V BALIGA ARTS AND SCIENCE COLLEGE KUMTA - 581 343
43 . SHRI P C HIREMATH S/O CHANNABASAYYA AGED ABOUT 60 YEARS, ASSOCIATE PRORESSOR S J R VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
44 . DR D A GOBBARAGUMPI S/O ARJAPPA
28
AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
45 . SHRI B M MULAGUND S/O MAHADEVAPPA AGED ABOUT 58 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
46 . SHRI C H TAVARAGUNDI S/O HEMAPPA AGED ABOUT 59 YEARS, PRINCIPAL AND ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
47 . DR S V HUDDAR S/O VEERAPPA AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
48 . SMT R S HOGARTHI S/O SADDABASAVESHWAR AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205.
29
49 . SHRI S S MALLADAD S/O SHANTAPPA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
50 . SHRI H D DEVIHOSUR S/O DURAGAPPA AGED ABOUT 60 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON-581 205
51 . DR V C KATTEPPANAVAR S/O CHANNAYYA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
52 . SHRI B Y TODIHAL S/O YAMANAPPA AGED ABOUT 54 YEARS, ASSOCIATE PROFESSOR S.J.R. VIDYAPEETH'S S.R.J.V. COLLEGE OF ARTS AND COMMERCE COLLEGE SHIGGAON - 581 205
53 . DR KASTURI PARAPPA BIKKANNAVAR D/O PARAPPA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR SHRI SHANKAR ARTS AND
30
COMMERCE COLLEGE NAVALGUND - 582 208.
54 . SRI MALLIKARJUN GANGADHAR BAGEWADI S/O GANGADHAR AGED ABOUT 56 YEARS, ASSOCIATE PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208
55 . SRI SHANKARAMMA BASANAGOUDA BADAMI S/O BASANAGOUDA AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208
56 . DR SHEELA MAHADEVAPPA TUBACHI D/O MAHADEVAPPA AGED ABOUT 49 YEARS, ASSISTANT PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208.
57 . DR SHRINIVAS VIRUPAX BADIGER S/O VIRUPAX AGED ABOUT 45 YEARS, ASSISTANT PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208
58 . DR PRASHANT GANGADHAR KOPPAD S/O GANGADHAR AGED ABOUT 40 YEARS, ASSISTANT PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208
31
59 . DR RAMESH PANDU CHAVAN S/O PANDU AGED ABOUT 39 YEARS, ASSISTANT PROFESSOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE
NAVALGUND - 582208
60 . DR ADIVEPPAGOUDA GULANGOUDA JAKKANAGOUDRA S/O GULANGOUDA AGED ABOUT 43 YEARS, PHYSICAL EDUCATION DIRECTOR SHRI SHANKAR ARTS AND COMMERCE COLLEGE NAVALGUND - 582 208
61 . SHRI SATISH S BAADAGAONKAR S/O SHRIDHAR RAO AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR M.E.S. COLLEGE OF COMMERCE SIRSI - 581 401
62 . SHRI SATISH M HEGDE S/O MANJUNATH AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR M.E.S. COLLEGE OF COMMERCE SIRSI - 581 401
63 . DR S K HEGDE S/O KRISHNA AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR M.E.S. COLLEGE OF COMMERCE SIRSI - 581 401.
64 . DR P T KADAM S/O TUKARAM AGED ABOUT 57 YEARS, ASSOCIATE LIBRARIAN
32
M.E.S. COLLEGE OF COMMERCE
SIRSI - 581 401.
65 . DR MANJUNATHESHWAR GANAPATI GOLIKATTE S/O GANAPATI GOLIKATTE AGED ABOUT 58 YEARS, PRINCIPAL BGVS'S ARTS AND COMMERCE COLLEGE SADASHIVAGAD
KARWAR - 583 101.
66 . DR HEMANT HERAMBH BHAT S/O HERAMBH BHAT AGED ABOUT 55 YEARS, ASSOCIATE PROFESSOR BGVS'S AND COMMERCE COLLEGE SADASHIVGAD
KARWAR - 583 101
67 . SHRI SHRIDHAR BOMMAYYA NAYAK S/O BOMMAYYA NAYAK AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR BGVS'S AND COMMERCE COLLEGE SADASHIVGAD
KARWAR - 583 101
68 . SMT MANGALA LAXMAN NAYAK D/O LAXMAN NAYAK AGED ABOUT 52 YEARS, ASSOCIATE PROFESSOR BGVS'S ARTS AND COMMERCE COLLEGE SADASHIVGAD
KARWAR - 583 101.
69 . DR SUMANGALA DATTARAM NAYAK D/O DATTARAM NAYAK AGED ABOUT 55 YEARS, ASSOCIATE PROFESSOR BGVS'S ARTS AND COMMERCE COLLEGE SADASHIVGAD
KARWAR - 583 101
33
70 . SHRI PRAKASH DATTATRAY MALADKAR
KARWAR - 583 101 … PETITIONERS
(BY SRI RAMANANDA A.D., ADVOCATE)
AND:
... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DATED 17.02.2020 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
34
IN W.P. No.8889/2020
BETWEEN:
35
ASSOCIATE PROFESSOR GOKHALE CENTENARY COLLEGE, ANKOLA - 581 314
ANKOLA - 581 314
GOKHALE CENTENARY COLLEGE,
10 . MR.R.P.BHAT
ANKOLA - 581 314
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, (HIGHER EDUCATION) M.S.BUILDING, BANGALORE - 560 001.
36
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE OR QUASHING THE GOVERNMENT ORDER NO.02 DCE 2020 DATED 17/02/2020 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.8992/2020
BETWEEN:
37
FIRST GRADE COLLEGE, JESARGI COLONY, GULBARGA - 585 102 3 . DR. NANDGI RACHAPPA S/O BASAVATHRAO AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR GOVERNMENT (AUTONOMOUS) COLLEGE SEDAM ROAD, KALABURAGI - 585 105 4 . MR. ASHOK KUMAR TIKEKAR.G S/O JHARNAPPA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR GOVERNMENT FIRST GRADE COLLEGE SULEPET - 585 324 5 . MR. BASAVARAJU H S S/O SHIVANNA AGED ABOUT 59 YEARS ASSISTANT PROFESSOR GOVERNMENT FIRST GRADE COLLEGE TURUVEKERE - 572 227 6 . MR. M.N. SHIVANNA S/O LATE NEELE GOWDA AGED ABOUT 59 YEARS ASSISTANT PROFESSOR GOVERNMENT FIRST GRADE COLLEGE BILIKERE HUNUSUR - 571 103. … PETITIONERS (BY SRI. RAMANANDA A.D., ADVOCATE) AND: 1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT
38
(HIGHER EDUCATION) M.S. BUILDING BANGALORE - 560 001.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DTD 17.02.2020 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.9370/2020
BETWEEN:
39
AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR B.L.D.E.A'S BASAVESHWAR ARTS AND COMMERCE COLLEGE BASAVAN BAGEWADI VIJAYAPUR - 586 103
4 . MR. MALLAPPA.G. YANKANCHI S/O GURAPPA YANKANCHI AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR S.B. ARTS AND K.C.P SCIENCE COLLEGE, VIJAYAPUR - 586 103 5 . MR. ULAVAYYA SHIDDAYYA PUJERI S/O SHIDDAYYA PUJERI AGED ABOUT 57 YEARS ASSOCIATE PROFESSOR S.B. ARTS AND K.C.P SCIENCE COLLEGE, VIJAYAPUR - 586 103 6 . MR. ASHOK SHETEPPA PUJAR S/O SHETTAPPA PUJAR AGED ABOUT 58 YEARS, PRINCIPAL S.B. ARTS AND K.C.P. SCIENCE COLLEGE, VIJAYAPUR - 586 103
40
GOKAK - 591 307
BELGAUM DISTRICT.
8 . DR. MAHADEVAPPAGOUDA SHANTAGOUDA PATIL S/O SHANTAGOUDA PATIL AGED ABOUT 59 YEARS PRINCIPAL VEERASHAIVA VIDYAVARDHAK SANGHA SHREE KHASGATESH COLLEGE OF ARTS AND COMMERCE TALIKOTI - 586 214 BIJAPUR DISTRICT.
9 . MR. BABURAO BASAGONDA DENGANAVAR S/O BASAGONDA DENGANAVAR AGED ABOUT 58 YEARS ASSOCIATE PROFESSOR B.L.D.E.A'S BASAVESHWAR ARTS AND COMMERCE COLLEGE BASAVAN BAGEWADI, VIJAYAPUR- 586 103
10 . MR. HUDE VISHWANATH REDDY S/O VISHWANATH REDDY AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR SBC ARTS GOKHALE CENTENARY COLLEGE, ANKOLA- 581 314 D.K.
11 . MR. SHIVAYOGAPPA REVAPPA YEMMI S/O REVAPPA M YEMMI AGED ABOUT 57 YEARS, ASSOCIATE PROFESSOR GOOD NEWS WELFARE SOCIETY ARTS AND COMMERCE FIRST GRADE COLLEGE KALGHATGI- 581204
DHARWAD
41
AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR H.K.E.S SHREE VEERENDRA PATIL DEGREE OF ARTS, SCIENCE AND COMMERCE COLLEGE, SADASHIVANAGAR, BENGALURU- 560 080
13 . MRS. M.K. SHANTHA KUMARI W/O T. VENKATESH AGED ABOUT 60 YEARS, RETIRED ASSOCIATE PROFESSOR RURAL DEGREE COLLEGE, KANAKAPURA, RAMANAGAR- 562 117
14 . MR. B.K. KERAMAGI S/O H.R. KERAMAGI AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR DR.B.R. AMBEDKAR FIRST GRADE COLLEGE, HALLIKHED, HUMNAABAD, BIDAR- 585 414
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGHER EDUCATION) M.S. BUILDING, BANGALORE - 560 001
3 . UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY,
42
BAHADDUR SHA ZAFAR MARG, NEW DELHI - 110 002
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. NAGASHREE M.C., AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DTD 17.02.2020 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.10369/2020
BETWEEN:
43
ARTS COLLEGE BAGALKOT - 587 101. 4 . DR SHIVANNA D C S/O CHALUVEGOWDA D C AGED ABOUT 59 YEARS PHYSICAL EDUCATION DIRECTOR APS COLLEGE OF COMMERCE N R COLONY BENGALURU - 560 019. 5 . MR SIDDARAMANNA K L S/O LINGADEVARU AGED ABOUT 58 YEARS PHYSICAL EDUCATION DIRECTOR VIJAYA COLLEGE MULKI - 574 154. … PETITIONERS (BY SRI. RAMANANDA A.C., ADVOCATE) AND: 1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEAPARTMENT (HIGHER EDUCATION) M S BUILDING BANGALORE - 560 001. 2 . THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA, PALACE ROAD, BANGALORE - 560 001. 3 . UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY BAHADDUR SHA ZAFAR MARG NEW DELHI - 110 002. ... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
44
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DTD.17.2.2020 VIDE ANNXURE-B ONLY IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIX AS 60 YEARS TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.15360/2020
BETWEEN:
K MOOKKAMMAL W/O J SATHIYASHEKAR AGED ABOUT 59 YEARS PRINCIPAL SRI KUVEMPU MAHAVIDYALAYA FIRST GRADE COLLEGE, KENGAL CHANNAPATNA - 562 160.
… PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
45
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.3515/2021
BETWEEN:
HOSPET - 583 201.
HOSPET - 583 201
46
VIJAYANAGAR COLLEGE
HOSPET - 583 201
HOSPET - 583 201 … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE - 560 001
... RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DTD. 17.2.2020 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONER WHOSE RETIREMENT AGE IF FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS W.P. AND ETC.
47
IN W.P. No.3589/2021
BETWEEN:
3 . MR C N BIRADAR S/O NAGASHETTY BIRADAR AGED ABOUT 57 YEARS ASSOCIATE PROFESSOR SBCS ARTS S V COMMERCE AND SCIENCE COLLEGE KALLUR ROAD BEHIND HKDT'S DENTAL COLLEGE HUMNABAD - 585 303
S V COMMERCE AND SCIENCE COLLEGE KALLUR ROAD
48
BEHIND HKDT' S DENTAL COLLEGE HUMNABAD - 585 303
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
M S BUILDING
BANGALORE - 560 001
... RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE OR QUASHING THE GOVERNMENT ORDER NO.ED 02 DCE 2020 DTD.17.2.2020 VIDE ANENXURE-B ONLY IN RESPECT OF THE PETITIONER WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.11071/2021
BETWEEN:
49
AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR SRISAILA JAGADGURU VAGEESHA PANDITHARADYA (SJVP) COLLEGE, HARIHARA - 577 601. 2. DR. A.B. RAMACHANDRAPPA S/O Y. BASAVANTHAPPA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR SRISAILA JAGADGURU VAGEESHA PANDITHARADYA (SJVP) COLLEGE, HARIHARA - 577 601. 3. DR. P. SHIVALINGAPPA S/O PARASANNA AGED ABOUT 59 YEARS PRINCIPAL SJM WOMEN'S COLLEGE CHITRADURGA - 577 501. … PETITIONERS (BY SRI. RAMANANDA A.D., ADVOCATE) AND: 1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, (HIGHER EDUCATION), M.S.BUILDING, BANGALORE - 560 001. 2 . THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA PALACE ROAD, BANGALORE - 560 001. 3 . UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY, BAHADDUR SHA ZAFAR MARG, NEW DELHI - 110 002. ... RESPONDENTS
50
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.02 DCE 2020 DTD 17.02.2020 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.13790/2021
BETWEEN:
MR. K M RAJANNA S/O MAYANNA AGED ABOUT 59 YEARS, PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE TIPTUR - 572 201
… PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT, (HIGHER EDUCATION) M S BUILDING
BANGALORE - 560 001.
BANGALORE - 560 001.
51
BAHADDUR SHA ZAFAR MARG NEW DELHI - 110 002
... RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.ED 12 DCE 2021 DTD 21.01.2021 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.13880/2021
BETWEEN:
ASSOCIATE PROFESSOR AND
IN-CHARGE PRINCIPAL MAHARANIS ARTS, COMMERCE AND MANAGEMENT COLLEGE FOR WOMEN, BENGALURU - 560 001
S/O LATE MADU, AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR AND IN-CHARGE PRINCIPAL
GOVERNMENT COLLEGE (AUTONOMOUS) MANDYA - 571 401
3 . MR B G SHANKARAMURTHY S/O B S GANAPAIAH, AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR, VAIKUNTA BALIGA COLLEGE OF LAW,
52
KUNJIBETTU,
UDUPI - 576 102 … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, (HIGHER EDUCATION) M.S.BUILDING, BANGALORE - 560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.ED 12 DCE 2021 DATED 21.01.2021 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE ARE FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.15412/2021
BETWEEN:
MR V SHANKARAPPA S/O LATE VENKATARAMAIAH,
53
AGED ABOUT 59 YEARS, ASSISTANT PROFESSOR, GOVERNMENT FIRST GRADE COLLEGE, KOLAR-563 101 R/AT NO.679C, PWD QUARTERS, NEAR GANAGAMMA PALYA, KOLAR-563 101 … PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE-560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.ED 12 DCE 2021 DATED 21.01.2021 ISSUED BY R-1 VIDE ANENXURE-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
54
IN W.P. No.19513/2021
BETWEEN:
MR J KRISHNAIAH S/O LATE JAGARAIAH AGED ABOUT 59 YEARS PHYSICAL EDUCATION DIRECTOR SRI KUVEMPU MAHAVIDYALAYA FIRST GRADE COLLEGE KENGAL CHANNAPATNA -562 161 R/AT NO.35/3 ST ANNS COLLEGE, OPPOSITE ROAD APPAGERE CHANNAPATNA-562 160. … PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE-560 001.
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
55
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASHING THE GOVERNMENT OF KARNATAKA THROUGH THE PRINCIPAL VIDE LETTER DTD 22.02.2021 HAVE NOTIFIED THE RETIREMENT OF THE PETITIONER HAS 31.10.2021 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P.No.22629/2021
BETWEEN:
56
AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR SSMRV DEGREE COLLEGE JAYANAGAR 4TH T BLOCK BENGALURU - 560 041 R/AT NO. 11, S.K. NATARAJ LAYOUT NEAR T.R. HOSPITAL KOTANURU DINNE MAIN ROD, J PNAGAR 7TH PHASE BENGALURU - 560 076. … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
EDUCATION DEPARTMENT (HIGHER EDUCATION) M.S. BUILDING BANGALORE 560 001.
RBANM'S FIRST GRADE COLLEGE NO.12, ANNASWAMY MUDALIAR ROAD BENGALURU- 560 042
57
JAYANAGAR 4TH T BLOCK BENGALURU - 560 041
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT OF KARNATAKA THROUGH THE PRINCIPAL VIDE LETTER IN REF NO.118/2021-22 DTD.02.11.2021 HAVE NOTIFIED THE RETIREMENT OF THE P-1 HAS 31.12.2021 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONER WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPSOAL OF THE W.P. AND ETC.
IN W.P. No.24520/2021
BETWEEN:
KALBURAGI - 585 301
DHARWAD - 580 004.
58
R/AT SHRI. GIRI NILAYA, 1ST CROSS, 2ND MAIN, Y S COLONY, DHARWAD - 580 004
3 . MR. KRISHNAPPA K N S/O. NARAYANAPPA, ASSISTANT PROFESSOR AGED ABOUT 59 YEARS GOVERNMENT FIRST GRADE COLLEGE AND PG CENTER, CHINTAMANI - 563 125, R/AT NO. 10, MADDEMMA NILAYA WARD, MALPPALLY NEW EXTENSION, CHINTAMANI - 563 125 … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
59
5 . THE PRINCIPAL JANSTHA SHIKSHANA SAMITHI BANASHANKARI ARTS, COMMERCE AND SK GUDDI SCIENCE COLELGE, VIDYAGIRI., DHARWAD - 580 004
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT OF KARNATAKA THROUGH THE PRINCIPAL VIDE LETTER DTD 07.12.2020 HAVE NOTIFIED THE RETIREMENT OF THE PETITIONER NO.1 HAS 31.12.2021 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.2344/2022
BETWEEN:
DR H GOWRI NAIDU S/O LATE HANUMAPPA J AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR GOVERNMENT FIRST GRADE COLLEGE KOLAR-563 101 R/AT SAPTHAGIRI NIVASA UDAYAGIRI LAYOUT OPPOSITE PAVAN COLLEGE NEAR NH-75 KOLAR-563 101. … PETITIONER (BY SRI. RAMANANDA A.D., ADVOCATE)
60
AND:
BANGALORE-560 001.
BANGALORE-560 001.
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENT ORDER NO.GE4A/CE5/1029833/2122/160 DTD. 26.10.2021 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.4087/2022
BETWEEN
61
AGED ABOUT 59 YEARS OCC: GOVT. SERVANT R/AT CHIKALAPARVI ROAD, POTANAL, MANVI RAICHUR - 584 143 2 . SRI. B. BASAVARAJA S/O BADOBAIAH AGED ABOUT 59 YEARS OCC: GOVT. SERVANT R/AT WARD NO.12, V V NAGARA SIRAGUPPA, BELLARY - 583 121. … PETITIONERS
(BY SRI. PRAVEENA KUMARA, ADVOCATE)
AND:
| 1 . | THE STATE OF KARNATAKA BY ITS PIRNICPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGHER EDUCATION) M.S. BUILDING BANGALORE - 560 001 |
|---|---|
| 2 . | THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA PALACE ROAD, BANGALORE - 560 001 |
| 3 . | THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E) PARK HOUSE BANGALORE - 560 001 |
| 4 . | UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY BAHADDUR SHA ZAFAR MARG, NEW DELHI - 110 002 ...RESPONDENTS |
62
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASHING THE GOVERNMENT ORDER NO.ED 251 DCE 2021 (E) DTD. 14.01.2022 VIDE ANNX-B ISSUED BY R1PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), ONLY IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.4939/2022
BETWEEN:
2 . MR MALLESHWARAPPA S S/O SETTAPPA AGED ABOUT 59 YEARS DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION BENGALURU - 580 004 GOVERNMENT ARTS COLLEGE BENGALURU - 560 001 R/AT NO.102, KALPATHARU DOLLARS PARK 8TH CROSS ACCS LAYOUT
63
RMV 2ND STAGE BENGALURU - 560 094
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE - 560 001.
... RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNEMNT ORDER NO.ED 251 DCE 2021 (E) DTD.14.1.2022 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.7531/2022
BETWEEN:
64
AGED 59 YEARS ASSOCIATE PROFESSOR THE NATIONAL COLLEGE AUTONOMOUS BASAVANAGUDI BENGALURU - 560 004 R/AT NO. 003, NANDA CREST GUBBALA ROAD SUBRAMANYAPURA POST UTTARAHALLI BENGALURU - 560 061.
2 . MR B V NARENDRA S/O LATE VENKOBA RAO B V AGED 59 YEARS ASSOCIATE PROFESSOR THE NATIONAL COLLEGE AUTONOMOUS BASAVANAGUDI BENGALURU - 560 004 R/AT NO.30, 2ND MAIN RAJATHADRI LAYOUT KOTHANUR DINNE J P NAGAR 8TH PHASE BENGALURU - 560 076
3 . MR R MALLIKARJUNA SETTY S/O LATE R SATYANARAYANA SETTY AGED 59 YEARS ASSOCIATE PROFESSOR VIJAYA COLLEGE, R V ROAD BASAVANAGUDI BENGALURU - 560 004. R/AT FLAT NO.102 VISHAL APRTMENTS-2 DOOR NO.79, EAT STREET BASAVANAGUDI BENGALURU - 560 004
65
ASSOCIATE PROFESSOR AND PRINCIPAL VIVEKANANDA DEGREE COLLEGE RAJAJINAGAR 2ND STAGE BENGALURU - 560 055 R/AT NO.67, 4TH CROSS, 5TH MAIN SHANKARANAGAR MAHALAKSHMI LAYOUT BENGALURU - 560 096.
5 . DR M GOVINDAPPA S/O C K MUNIYAPPA AGED 59 YEARS ASSOCIATE PROFESSOR AND PRINCIPAL RURAL COLLEGE KANAKAPURA - 562 117 R/AT NO.5, SRUBGAHI 7TH MAIN, 12TH CROSS SHREYAS COLONY J P NAGAR 7TH PHASE, BANGALORE - 560 078.
6 . DR ESHWARA REDDY C M S/O LATE C. MADDANNA AGED 59 YEARS ASSOCIATE PROFESSOR AND PRINCIPAL VISHWARAPURA COLLEGE OF ARTS AND COMMERCE K R ROAD BENGALURU - 560 004 R/AT NO.207, 5TH D MAIN 2ND BLOCK, HRBR LAYOUT BENGALURU - 560 043 … PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPT. (HIGHER EDUCATION)
66
M S BUILDING
BANGALORE - 560 001
BANGALORE - 560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 31.12.2021 VIDE ANNX-B, THE ORDER DTD. 31.12.2021 VIDE ANNX-B1, THE ORDER DTD. 31.03.2022 VIDE ANNX-B2, THE ORDER DTD. 07.08.2021 VIDE ANNX-B3, THE ORDER DTD. 31.12.2021 VIDE ANNX-B4 AND THE ORDER DTD. 05.08.2021 VIDE ANNX-B5 IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.7552/2022
BETWEEN:
DR RAVI KUMAR H S/O LATE HANUMARANGAIAH AGED 59 YEARS DIRECTOR OF PHYSICAL EDUCATION GOVERNMENT ARTS COLLEGE BENGALURU - 560 001 R A/T NO.78, AMCO LAYOUT KODIGEHALLI
67
SAHAKARNAGAR POST BENGALURU - 560 092 … PETITIONER
(BY SRI RAMANANDA A.D., ADVOCATE)
AND:
(HIGHER EDUCATION)
BANGALORE - 560 001
BANGALORE - 560 001
BANGALORE - 560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE GOVERNMENT ORDER NO.ED 251 DCE 2021 (E) DTD. 14.01.2022 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
68
IN W.P. No.7734/2022
BETWEEN:
MAHARANI WOMEN'S ARTS COMMERCE AND MANAGEMENT COLLEGE SESHADRI ROAD BENGALURU-560 010 R/A NO.234, 5TH CROSS SUNCITY MAIN ROAD KENGERI SATELLITE TOWN
3 . DR K RAMACHANDRA S/O KUPPANNA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR MAHARANI WOMEN'S ARTS COMMERCE AND MANAGEMENT COLLEGE SESHADRI ROAD BENGALURU-560 010 R/A NO.179/2, 5TH CROSS PRAKASHNAGAR BENGALURU-560 021
69
AGED ABOUT 59 YEARS ASSISTANT PROFESSOR MAHARANI WOMEN'S ARTS COMMERCE AND MANAGEMENTCOLLEGE SESHADRI ROAD BENGALURU-560 010 R/AT LAKSHMI NILAYA ANJINAPPA LAYOUT B A GUDI PALYA HANUMANTHAPURA TUMKUR-572 103
5 . MR SALIMATH C S S/O SHIVASHANKAR AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR AND IN CHARGE JOINT DIRECTOR COLEGIATE EDUCATION, REGIONAL OFFICE OPPOSITE NEW RTO OFFICE GOVERNMENT AUTONOMOUS COLLEGE CAMPUS KALABURGI-585 105 R/A FLAT NO.F-2, SEEMA RESIDENCY SBH PARAWANA COLONY SANGAMESHWARNAGAR KALABURAGI-585 105
6 . DR BIRADAR KASHINATH B S/O BAKKAPPA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR IN CHARGE PRINCIPAL GOVERMENT WOMEN'S FIRST GRADE COLLEGE KALABURAGI-585 102 R/AT PLOT NO.7, GANAGASIRI JAYNAGAR KALABURAGI-585 105
7 . MR NAGARAJA T S/O LATE THIMMAPPA AGED ABOUT 59 YEARS ASSISTANT PROFESSOR
70
HPPC GOVERNMENT FIRST GRADE COLLEGE CHALLAKERE CHITRADURGA-577 522 R/AT SAMTRUPTHI NILAYA NEAR KUVEMPU SCHOOL SITHARAM LAYOUT CHALLAKERE-577 522
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE-560001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING AIDE OR QUASHING THE GOVERNMENT ORDER NO.ED 251 DCE 2021 (E) DATED 14.01.2022 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
71
IN W.P. No.8049/2022
BETWEEN:
MR Y P UDAYAKUMAR S/O LATE Y C PUTTEGOWDA AGED ABOUT 59 YEARS, PRINCIPAL M KRISHNA LAW COLLEGE BEHIND AIR SALAGAME ROAD HASSANA-573 201 R/AT NO.257/B, GOKKULUM 2ND STAGE, MYSORE -570 001.
… PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
M S BUILDING
BANGALORE-560 001
BANGALORE-560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
72
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER PASSED BY THE REGIONAL JOINT DIRECTOR WHICH IS COMES UNDER R-2 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.9024/2022
BETWEEN:
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
73
(HIGHER EDUCATION) M.S.BUILDING, BANGALORE-560 001.
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER BEARING NO.SL.NO/S.A.C.C/68/2022-2023 DTD. 23.04.2022 ISSUED BY THE COLLEGE OF THE P-1 VIDE ANNX-B AND VIDE LETTER DTD. 22.04.2022 ISSUED BY THE COLLEGE OF P-2 VIDE ANNX-B1 IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.9069/2022
BETWEEN:
OCC: PRINCIPAL W/AT: SKVP, ARTS, SCIENCE AND COMMERCE COLLEGE HOLE ALUR, RON TALUK GADAG DISTRICT.
74
| 2 . | MOHAMMED AHAMMED S/O DADAPEER AGED ABOUT 60 YEARS, OCC: ASSOCIATE PROFESSOR W/A: VCB ARTS AND COMMERCE COLLEGE LINGASUGUR RAICHUR-584 122 … PETITIONERS |
|---|---|
| (BY | SRI. CHANDRASHEKAR G.M., ADVOCATE) |
| AN | D: |
| 1 . | STATE OF KARNATAKA EDUCATION DEPARTMENT, (HIGHER EDUCATION) M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY. |
| 2. | DIRECTOR COLLEGIATE EDUCATION NRUPATHUNGA ROAD BENGALURU - 560 001. |
| 3. | JOINT DIRECTOR COLLEGIATE EDUCATION REGIONAL OFFICE DHARWAD DISTRICT DHARWAD - 580 001. |
| 4. | JOINT DIRECTOR COLLEGIATE EDUCATION REGIONAL OFFICER KALABURAGI DISTRICT - 585 101. ...RESPONDENTS |
| (BY |
SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 TO R4) |
75
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FIX THE RETIREMENT AGE TO 62 YEARS FOR THE PETITIONERS IN PAR WITH THE RETIREMENT AGE OF TEACHING COMMUNITY OF UNIVERSITIES AND GOVERNMENT COLLEGES UNDER UGC REGULATIONS WHOSE RETIREMENT AGE IS 62 YEARS BY QUASHING THE PART OF GOVERNMENT ORDER NO.ED 37 UNE 2009 (PETITIONER) BENGALURU DTD. 15.10.2009 VIDE ANNX-A WHERE THE RETIREMENT AGE OF THE PETITIONERS IS 60 YEARS AND TO PASS ORDERS WITHIN A TIME FRAME SPECIFIED BY THIS HONBLE COURT AND ETC.
IN W.P.No.9700/2022
BETWEEN:
76
S/O NAGENDRA RAO M RASHINKAR AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR JSS BANASHANKARI ARTS, COMMERCE AND SHANTIKUMAR GUBBI SCIENCE COLLEGE VIDYAGIRI, DHARWAD - 580 004 R/AT "SAMRUDHI" BUILDING BEHIND KARIYAMMA DEVI TEMPLE YALAKKI SHETTER COLONY DHARWAD - 580 004
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
77
| 3. | UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY BAHADDURSHAZAFARMARG NEW DELHI - 110 002. |
|---|---|
| 4. | THE JOINT DIRECTOR OF COLLEGIATE EDUCATION REGIONAL OFFICE F233+V5P, UB HILLS MALMADDI, DHARWAD - 580 001. |
| 5. | BASEL MISSION HIGHER EDUCATION CENTER REP. BY ITS PRESIDENT HALIYAL ROAD DHARWAD - 580 001. |
| 6. | KITTEL SCIENCE COLLEGE R/BY ITS PRINCIPAL P.B. ROAD DHARWAD - 580 001. |
| 7. | THE SECRETARY BOARD OF MANAGEMENT LINGAYATH EDUCATION SOCIETY BELGUM - 590 001 |
| 8. | KLE SOCIETY'S SHRI MRITYUNJAYA COLLEGE OF ARTS AND COMMERCE R/BY ITS PRINCIPAL DHARWAD - 580 008 |
| 9. | JSS BANASHANKARI ARTS, COMMERCE AND SHANTIKUMAR GUBBI SCIENCE COLLEGE R/BY ITS PRINCIPAL, VIDYAGIRI DHARWAD - 580 004. ...RESPONDENTS |
| (BY |
SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2 AND R4) SRI SHOWRI H.R., ADVOCATE FOR R3; R5, R6, R8 AND R9 ARE SERVED BUT UNREPRESENTED) |
78
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE LETTER DATED 09.05.2022 ISSUED BY THE R4 COLLEGE VIDE ANNEXURE-B, THE LETTER DATED 09.05.2022 ISSUED BY THE R8 VIDE ANNEXURE-B1 THE LETTER DATED 11.05.2022 ISSUED BY THE R9 VIDE ANNEXURE-B2 THE LETTER DATED 13.05.2022 ISSUED BY THE R8 VIDE ANNEXURE-B3 IN RESPECT OF THE PETITIONER WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.9702/2022
BETWEEN:
1 . MR H D NINGAIAH S/O LATE DEVAIAH AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR A V KANTHAMMA COLLEGE FOR WOMEN HASSAN - 573 201 R/AT 581, VIJAYANAGAR 2ND STAGE BEHIND MAYA CERAMIC GAJALAKSHMI MEDICAL ROAD HASSAN - 573 201
S/O LATE B SANJEEVA SETTY AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR A V KANTHAMMA COLLEGE FOR WOMEN HASSAN - 573 201 R/AT 271/1, 24TH CROSS KUVEMPU NAGARA HASSAN - 573 201
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
79
AND:
HASSAN - 573 201
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2 AND R4) SRI SHOWRI H.R., ADVOCATE FOR R3; R5 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER ISSUED BY THE R-5 COLLEGE DTD.12.5.2022 TO THE P-1 VIDE ANNEXURE-B AND THE LETTER ISSUED BY THE R-5 COLLEGE DTD.13.5.2022 TO THE P-2 VIDE
80
ANNEXURE-B1 IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THE W.P. AND ETC.
IN W.P. No.9787/2022
BETWEEN:
MR.SALIMATH C.S. S/O SHIVASHANKAR, AGED ABOUT 59 YEARS, REGIONAL JOINT DIRECTOR AND ASSOCIATE PROFESSOR GOVERNMENT FIRST GRADE COLLEGE KALABURAGI - 585 102, R/AT FLAT NO.F-2, SEEMA RESIDENCY, SBH PARAWANA COLONY SANGMESHWAR NAGAR, KALABURAGI - 585 103 … PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BANGALORE - 560 001
BANGALORE - 560 001
81
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE GOVERNMENT ORDER NO.ED 251 DCE 2021 (E) DATED 14.01.2022 VIDE ANNEXURE-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
IN W.P. No.9808/2022
BETWEEN:
82
AGED ABOUT 60 YEARS, ASSOCIATE PROFESSOR AND PRINCIPAL B.V.BHOOMARADDI COLLEGE OF ARTS, SCIENCE AND COMMERCE, BIDAR-585 403 R/AT NO.9-12-683/1, MAILOOR CROSS, VIDYANAGAR, BIDAR-585 403.
3 . MR.VENUGOPAL JEVARGI S/O SNGAPPA AGED 59 YEARS, ASSOCIATE PROFESSOR S P AND J M B DEGREE COLLEGE, SHORAPUR-585 224 R/AT "VALMIKI KUTEERA" HANUMAN NAGAR SURPUR-585 224.
4 . DR.HALASWAMY K.G. S/O LATE K.G.CHANDRASHEKARAPPA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR H.K.E.S. SREE VEERENDRA PATIL DEGREE COLLEGE OF SCIENCE, ARTS AND COMMERCE, SADASHIVANAGAR, BENGALURU-560 080 R/AT NO.305, 3RD FLOOR, LAKSHMI PARADISE, 2ND CROSS, A SECTOR, OPPOSITE TO SHARADA SCHOOL, AMRUTHNAGARA, SAHAKARANAGAR POST, BENGALURU-560 092.
5 . DR.N.G.PATIL S/O GOLAPPAGOUDA AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR SMT.VEERAMMA GANGASIRI
83
DEGREE COLLEGE AND PG CENTER FOR WOMEN, KALABURAGI-585 102 R/AT FLAT NO.104, GANAGA VIHAR, RAGOGI APARTMENT, JEVARGI ROAD, KALABURAGI-585 102.
6 . MR.SATISH M HEGDE S/O MANJUNATH HEGDE AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR, M.E.S. COLLEGE OF COMMERCE, SIRSI-581 402 R/AT MATOSHREE BUILDING, SBI COLONY SIRSI-581 402.
7 . DR.ANILKUMAR S JAGANURE S/O LATE SHANKARRAO JAGANURE AGED ABOUT 59 YEARS, ASSOCIATE PROFESSOR, K.L.E'S G.I.BAGEWADI ARTS, SCIENCE AND COMMERCE COLLEGE, OLD P.B.ROAD, NIPANI-591 237 R/AT NO.4909/1, GOURI GANESH NIVAS, ADARSH NAGAR, SBI COLONY, NIDASOSHI ROAD, SANKESHWAR-591 313
… PETITIONERS
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, (HIGHER EDUCATION) MS BUILDING, BENGALURU-560 001.
84
| 2 . | THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA, PALACE ROAD, BENGALURU-560 001. |
|---|---|
| 3 . | UNIVERSITY GRANTS COMMISSION BY ITS SECRETARY, |
| BAHADDUR SHA ZAFAR MARG, | |
| NEW DELHI-110 002. |
| 6 . | THE PRINCIPAL |
|---|---|
| SHRI SANGAMESHWAR ARTS AND COMMERCE COLLEGE, | |
| CHADCHAN, | |
| VIJAYAPURA-586 205 |
| 7 . | THE PRINCIPAL B.V. BHOOMARADDI COLLEGE OF ARTS, SCIENCE AND COMMERCE BIDAR - 585 403. |
|---|---|
| 8 . | THE PRINCIPAL S.P. AND J.M.B. DEGRE COLLEGE, SHORAPUR-585 224. |
| 9 . | THE PRINCIPAL H.K.E.S. SREE VEERENDRA PATIL DEGREE COLLEGE OF SCIENCE, ARTS AND COMMERCE, SADASHIVANAGAR, BENGALURU-560 080. |
85
10 . THE PRINCIPAL SMT.VEERAMMA GANGASIRI DEGREE COLLEGE AND PG CENTER FOR WOMEN, KALABURAGI-585 102.
11 . THE PRINCIPAL M.E.S. COLLEGE OF COMMERCE, SIRSI-581 402. 12 . THE PRESIDENT MODERN EDUCATION SOCIETY VIDYANAGAR COLLEGE ROAD, SIRSI-581402 13 . THE PRINCIPAL K.L.E'S G.I.BAGEWADI ARTS, SCIENCE AND COMMERCE COLLEGE, OLD P.B.ROAD, NIPANI-591 237.
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2, R4 & R5; SRI SHOWRI H.R., ADVOCATE FOR R3; R9 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE LETTER DATED 11.05.2022 ISSUED BY THE R6 TO THE PETITIONER-1 VIDE ANNEXURE-B LETTER DATED 11.05.2022 ISSUED BY THE R7 TO THE P2 VIDE ANNEXURE-B1, LETTER DATED 13.05.2022 ISSUED BY THE R8 TO THE P3 VIDE ANNEXURE-B2, LETTER DATED 16.05.2022 ISSUED BY THE R9 TO THE P4 VIDE ANNEXURE-B3, LETTER DATED 14.05.2022 ISSUED BY THE R10 TO P5 VIDE ANNEXURE-B4, LETTER DATED 14.05.2022 ISSUED BY THE R11 TO THE P6 VIDE ANNEXURE-B5 AND LETTER DATED 14.02.2022 ISSUED BY THE R13 TO THE P7 VIDE ANNEXURE-B6 IN RESPECT OF THE PETITIONERS WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPOSAL OF THIS WRIT PETITION AND ETC.
86
IN W.P. No.10014/2022
BETWEEN:
1 . DR SRIDHARA H P S/O LATE PUTTAIAH GOWDA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR AND PRINCIPAL VISWARAPURA EVENING COLLEGE OF ARTS AND COMMERCE DEGREE COLLEGE K R ROAD BENGALURU - 560 004 R/AT NO.210 1ST MAIN 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURA BENGALURU - 560 086
2 . DR PRADHANAPPA SHANKREPPA KOKATNUR S/O SANKREPPA AGED ABOUT 59 YEARS ASSISTANT PROFESSOR KARNATAKA DEGREE COLLEGE OF ARTS SHANTNAGAR, BHANKUR SAHABAD, KALABURGI - 585 229 R/AT NO.154 C/O SIVANAND CHAVAN DATTANAGAR BEHIND JAITHIRT KALYAN MANTAPA RAM MANDIR KALABURAGI - 585 102
3 . MR K KISTAREDDY S/O RAM REDDY AGED ABOUT 59 YEARS ASSISTANT PROFESSOR SIDHARTH ARTS AND COMMERCE DEGREE COLLEGE, BIDAR - 585 401 R/AT SHASHI HOSAHALLI LAYOUT PLOT NO.10, NEARS KEB COLONY BIDAR - 585 403 … PETITIONERS (BY SRI. RAMANANDA A.D., ADVOCATE)
87
AND:
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (HIGHER EDUCATION) M S BUILDING BENGALURU - 560 001.
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 AND R2; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER TO THE PRINCIPAL VIDE LETTER DTD 08.02.2022 VIDE ANNX-B, VIDE LETTER DTD 04.04.2022 VIDE ANNX-B1, VIDE LETTER DATED 21.04.2022 VIDE ANNEXURE-B2, IN RESPECT OF THE PETITIONERS, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.10105/2022
BETWEEN:
SRI. HEMANNA. A S/O HANUMANTHAPPA A AGED ABOUT 59 YEARS, OCC: PRINCIPAL AND DDO, W/AT: GOVERNMENT FIRST
88
GRADE COLLEGE (AUTONOMOUS) BELLARI-583 101.
… PETITIONER
(BY SRI. CHANDRASHEKAR G.M., ADVOCATE)
AND:
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1 TO R4;
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO FIX THE RETIREMENT AGE TO 62 YEARS FOR THE PETITIONER ON PAR WITH THE RETIREMENT AGE OF TEACHING COMMUNITY OF UNIVERSITIES AND GOVERNMENT COLLEGES UNDER UGC REGULATIONS WHOSE RETIREMENT AGE
89
IS 62 YEARS BY QUASHING THE PART OF GOVERNMENT ORDER NO.ED 37 UNE 2009 (PETITIONER) DTD 15.10.2009 VIDE ANNEXURE-A WHERE THE RETIREMENT AGE OF THE PETITIONER IS 60 YEARS AND TO PASS ORDERS WITHIN A TIME FRAME SPECIFIED BY THIS HONBLE COURT AND ETC.
IN W.P. No.12020/2022
BETWEEN:
ARTS, SCIENCE AND COMMERCE COLLEGE HAVERI - 581 110, R A/T NO.1998/7
DAVANAGERE - 577 005
2 . DR RANOJI K SHIKKARGOL S/O KASHAPPA AGED 59 YEARS ASSOCATE PROFESSOR SHARNBASAVESHWAR COLLEGE OF SCIENCE KALABURAGI - 585 130
R/AT NO.10/522, KUMBAR GALLI BRAHMAPUR, KALABURAGI - 585 103
3 . MRS G SHARADAMMA W/O MR K HANUMATHAPPAA AGED 59 YEARS ASSISTANT PROFESSOR GOVERMENT FIRST GRADE COLLEGE SIRA - 572 137 R/AT KHR BADAVANE WATER TANK ROAD JAVANAGONADANAHALLI - 577 511
… PETITIONERS (BY SRI. RAMANANDA A.D., ADVOCATE)
90
AND:
BANGALORE - 560 001
...RESPONDENTS
91
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2, R4 AND R5; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASH THE LETTER ISSUED BY THE R-5 NOTIFICATION IN RESPECT OF THE PERIOD 2021-22 TO THE 1ST PETITIONER VIDE ANNX-B, THE LETTER DTD 01.06.2022 ISSUED BY THE R-7 COLLEGE TO THE 2ND PETITIONER VIDE ANNX-B1 AND QUASHING THE GOVERNMENT ORDER NO. ED 251 DCE 2021 (E) DTD 14.01.2022 VIDE ANNX-B2 ONLY IN RESPECT OF THE PETITIONER NO.3, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.12605/2022
BETWEEN:
DR. ANNAPURNA MAHANTAPA SANDIGAWAD D/O LATE MAHANTAPPA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR KITTEL SCIENCE COLLEGE DHARWAD-580 001 R/AT PLOT NO.28 SARASWATHI NISARGA LAYOUT DHARWAD-580 003. … PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
92
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2 AND R4; SRI SHOWRI H.R., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER DTD 20.06.2022 VIDE ANNX-B ONLY IN RESPECT OF THE PETITIONER, WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS, TILL THE DISPOSAL OF THIS W.P. AND ETC.
IN W.P. No.12861/2022
BETWEEN:
DR SUBHADRAMMA S W/O G S MANJUNATHA AGED ABOUT 59 YEARS ASSOCIATE PROFESSOR VIJAYA COLLEGE R V ROAD BENGALURU - 560 004
93
R/AT NO 417 7TH CROSS, 1ST MAIN DOMLUR LAYOUT BENGALURU - 560 071
… PETITIONER
(BY SRI. RAMANANDA A.D., ADVOCATE)
AND:
94
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE OR QUASHING THE LETTER DTD.4.6.2022 VIDE ANNEURE-B ONLY IN RESPECT OF THE PETITIONER WHOSE RETIREMENT AGE IS FIXED AS 60 YEARS TILL THE DISPSOAL OF THE W.P. AND ETC.
IN W.P. No.12880/2022
BETWEEN:
A NANJA REDDY S/O H N APPAIAH AGED ABOUT 59 YEARS R/A NO.334/1, 2ND CROSS GULLA REDDY LAYOUT CHANDAPURA, ATTIBELE HOBLI ANEKAL TALUK BENGALURU-560 099 … PETITIONER (BY SRI. B. RAMESH, ADVOCATE)
AND:
BENGALURU-560 001
REP BY ITS SECRETARY
95
...RESPONDENTS
(BY SRI.DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R1, R2 & R4; SRI. H.R. SHOWRI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FIX THE RETIREMENT AGE TO 62 YEARS FOR THE PETITIONER IN PAR WITH THE RETIREMENT AGE OF TEACHING COMMUNITY OF UNIVERSITY AND GOVERNMENT AGE OF TEACHING COMMUNITY OF UNIVERSITIES AND GOVERNMENT COLLEGES UNDER UGC REGULATIONS WHOSE RETIREMENT AGE IS 62 YEARS BY QUASHING THE PART OF GOVERNMENT ORDER NO.ED 37 UNE 2009(p) BENGALURU DTD.15.10.2009 VIDE ANNEXURE-A WHERE THE RETIREMENT AGE OF THE PETITIONER IS 60 YEARS AND ETC.
IN W.P. No.9471/2022
BETWEEN:
96
R/AT NO. 701, E AND F BLOCK, CHITRABHANA ROAD, KUVEMPU NAGAR MYSURU - 570 023
2 . DR. PRAMILA B KUNNUR D/O LATE BASAVANNAPPA KUNNUR AGED ABOUT 61 YEARS WORKING PROFESSOR OF JOURNALISM, MAHARAJA'S COLLEGE, UNIVERSITY OF MYSURU R/AT NO. 3D/63, GROUND FLOOR, UNIVERSITY QUARTERS, RAMASWAMY CIRCLE, MYSURU - 570 005
… PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
2 . UNIVERSITY GRANTS COMMISSION REP BY ITS SECRETARY O/F BAHADDUR SHAH ZAFAR MARG, NEW DELHI - 110 002 O/O SOUTH WESTERN REGIONAL OFFICER (BENGALURU ) P.K. BLOCK, PALACE ROAD, GANDHI NAGAR BENGALURU KARNATAKA - 560 009(INDIA)
97
3 . STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY AMBEDKAR VEEDHI, BENGALURU - 560 001 4 . STATE OF KARNATAKA REP BY ITS UNDER SECRETARY HIGHER EDUCATION DEPARTMENT (UNIVERSITIES). AMBEDKAR VEEDHI, BENGALURU - 560 001 5 . UNIVERSITY OF MYSORE CRAWFORD HALL MYSURU - 570 005 REP BY ITS REGISTRAR 6 . MAHARAJA'S COLLEGE RAMASWAMY CIRCLE, UNIVERSITY OF MYSURU MYSURU - 570 005 REP BY ITS PRINCIPAL … RESPONDENTS (BY SRI K.S. ANUSUYA DEVI, CGSC FOR R1; SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R3 & R4; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONERS TILL THE PETITIONERS ATTAIN THE AGE OF 65 YEARS IN TERMS OF SECTION 44(t) OF ACT 15 OF 2019 ON THE PRINCIPLE OF PARITY. THE STATE LEGISLATURE SINCE EXTENDED THE AGE OF UGC TO MAHARANI'S CLUSTER UNIVERSITY AND CONSTITUENT COLLEGES, THE SIMILAR BENEFIT IS ALSO EXTENDED TO THE MAHARAJA'S COLLEGE UNIVERSITIES AND ITS CONSTITUENT COLLEGES SINCE BOTH MAHARANI AND MAHARAJA'S COLLEGES WERE ESTABLISHED IN THE YEAR 1960 BY THE THEN MAHARAJAS AND ETC.
98
IN W.P. No.12953/2021
BETWEEN:
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
99
BAHADURSHAH ZAFAR MARG, NEW DELHI - 110 002
3 . STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU KARNATAKA - 560 001
4 . STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU KARNATAKA - 560 001
5 . COMMISSIONER THE COLLEGIATE EDUCATION PALACE ROAD, BENGALURU - 560 001
6 . THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU - 560 001
7 . UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE P K BLOCK, PALACE ROAD, GANDHI NAGAR, BENGALURU - 560 009
8 . BANGALORE UNIVERSITY MYSORE RD JNANA BHARATHI, BENGALURU KARNATAKA - 560 056, BENGALURU - 560 040, REPRESENTED BY ITS REGISTRAR … RESPONDENTS
100
(BY SRI ADITYA SINGH, CGC FOR R1; SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SMT. M.C. NAGASHREE, AGA FOR R3 TO R6; SRI B. RAMESH, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE GOVERNMENT ORDER DATED 15.10.2009 ANNEXURE-M FIXING THE AGE OF SUPERANNUATION AS 62 YEARS FOR UNIVERSITIES OF AGRICULTURAL SCIENCE IS INCONSISTENT WITH THE RECOMMENDATIONS MADE BY THE PAY REVIEW COMMITTEE WHICH HAS BEEN ACCEPTED BY THE MINISTRY OF HRD VIDE LETTER DATED 02.11.2017 ANNEXUREE, 31.01.2018 ANNEXURE-H AND ETC.
IN W.P. No.13047/2021
BETWEEN:
101
MAROLI, KULASHEKAR POST MANGALORE - 574 199
3 . DR KRISHNAKUMAR G S/O G GOVINDA BHAT AGED ABOUT 60 YEARS WORKING AS PROFESSOR O/O MANGALORE UNIVERSITY MANGALA GANGOTHRI MANGALORE - 574 199 R/A DEVA PRIYA NO. 6312/3/4 MADOOR BEERI POST KOTERKAR TALUK MANGALORE - 574 199
4 . SRI K BHASKAR SHENOY S/O LATE K GOPALAKRISHNA SHENOY AGED ABOUT 61 YEARS WORKING AS PROFESSOR O/O MANGALORE UNIVERSITY MANGALA GANGOTRI MANGALORE - 574 199 R/AT NO.5/11/1098, KRISHNNASALA MANNAGUDDA MANGALORE - 574 199
5 . DR NARAYANA B S/O LATE K RAGHAVA AGED ABOUT 61 YEARS WORKING AS PROFESSOR O/O MANGALORE UNIVERSITY MANGALA GANGOTRI MANGALORE - 574 199 R/A 1-5(13) SANIDHYA ASSAIGOLI POST UNIVERSITY ROAD MANGALORE - 574 199
102
WORKING AS PROFESSOR DEPARTMENT OF CHEMISTRY O/O MANGALORE UNIVERSITY MANGALA GANGOTRI MANGALORE - 574 199 R/AT 15-B, PADMANABHA HOUSE BANTWAL MUDA B C ROAD-574 219
7 . PROF. MANJULA SHANTARAM W/O SHANTARAM GADDIYAR H., AGED ABOUT 61 YEARS WORKING AS PROFESSOR O/O MANGALORE UNIVERSITY MANGALA GANGOTRI MANGALORE - 574 199 R/AT G2, CASA LEILA APARTMENTS S L MATHIAS ROAD HIGHLANDS MANGALORE - 575 002
8 . DR RAVISHANKAR RAO S/O LATE RAMAKRISHNA RAO AGED ABOUT 61 YEARS WORKING AS PROFESSOR O/O MANGALORE UNIVERSITY MANGALA GANGOTRI R/AT NO 37, TAPASYA NETHRAVATHI LAYOUT KANAKANADY POST GAVADI TALUK MANGALORE - 575 002
9 . SRI B JAYARAMA BHAT S/O LATE B PADMANABHA SHARMA AGED ABOUT 61 YEARS WORKING AS PROFESSOR ECONOMICS O/O KUMVEMPU UNIVERSITY JNANA SAHYADRI SHANKARAGHATTA SHIMOGA - 577 451 R/AT NO.9, JAYANTHI MALNAD GARDEN LAYOUT
103
MALLIGENAHALLI, SAGAR ROAD SHIVAMOGHA - 577 205
10 . SRI M B SHIVANNA S/O M J BYRAPPA AGED ABOUT 61 YEARS WORKING AS PROFESSOR O/O KUVEMPU UNIVERSITY JNANA SAHYADRI SHANKARAGHATTA SHIMOGA - 577 451 R/AT NO.10, PEACE COTTAGE SHANTHINAGAR, B R PROJECT BHADRAVATHI TALUK SHIMOGA - 577 115
… PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
1 . UNION OF INDIA REP. THOUGH ITS SECRETARY GOVERNMENT OF INDIA DEPARTMENT OF HUMAN RESOURCE AND DEVELOPMENT SHASTRI BHAVAN NEW DELHI - 110 001
3 . STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU KARNATAKA - 560 001
104
| 4 . | STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU KARNATAKA - 560 001 |
|---|---|
| 5 . | COMMISSIONER THE COLLEGIATE EDUCATION PALACE ROAD BANGALORE - 560 001 |
| 6 . | THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE - 560 001 |
| 7 . | UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE P K BLOCK, PALACE ROAD GANDHI NAGAR BANGALORE - 560 009 |
| 8 . | MANGALORE UNIVERSITY MANGALA GANGOTRI MANGALORE - 574 199 REP BY ITS REGISTRAR |
| 9 . | KUVEMPU UNIVERSITY JNANA SAHYADRI SHANKARAGHATTA SHIMOGA - 577 451 REPRESENTED BY ITS REGISTRAR … RESPONDENTS |
(BY SRI ADITYA SINGH, CGC FOR R1; SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SMT. M.C. NAGASHREE, AGA FOR R3 TO R6; SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R8 & R9)
105
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE GOVERNMENT ORDER DATED 15.10.2009 ANNEXURE-L FIXING THE AGE OF SUPERANNUATION AS 62 YEARS FOR UNIVERSITIES IS INCONSISTENT WITH THE RECOMMENDATIONS MADE BY THE PAY REVIEW COMMITTEE WHICH HAS BEEN ACCEPTED BY THE MINISTRY OF HRD VIDE LETTER DATED 02.11.2017 ANNEXURE-D, 31.01.2018 (ANNEXURE-G) AND DECLARE THAT THE GO DATED 15.10.2009 (ANNEXURE-L) IS AB INITIO VOID AND IN-OPERATIVE TO THE EXTENT OF THE REGULATIONS FRAMED BY THE UGC AND DECLARE THAT, THE GOVERNMENT ORDER DATED 15.10.2009 (ANNEXURE-L) IS UNENFORCEABLE AGAINST THE PETITIONERS AND THE SAME MAY BE READ DOWN SUBJECT TO THE AGE OF RETIREMENT FIXED BY THE CENTRAL GOVERNMENT AND THE UGC REGULATIONS AND ETC.
IN W.P. No.1278/2022
BETWEEN:
DR NOOR SHAHINA BEGUM AGED ABOUT 62 YEARS D/O NAZEER ULLAH KHAN PROFESSOR, DEPARTMENT OF CHEMISTRY BANGALORE UNIVERSITY R/AT NO.10, 4TH CROSS GOVINAYAKANAHALLI KUMARASWAMY LAYOUT, 1ST STAGE BANGALORE-560 078
… PETITIONER
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
106
DEPARTMENT OF HUMAN RESOURCE AND DEVELOPMENT SHASTRI BHAVAN NEW DELHI-110 001
107
8 . BANGALORE UNIVERSITY
MYSORE ROAD, JNANA BHARATHI BANGALORE-560 056
REPRESENTED BY ITS REGISTRAR
… RESPONDENTS
(BY SRI SHANTHI BHUSHAN H., DSGI FOR R1; SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SMT. M.C. NAGASHREE, AGA FOR R3 TO R6; SRI B. RAMESH, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE AGE OF RETIREMENT OF THE PETITIONER SHOULD BE FROM 62 TO 65 YEARS AND RE-EMPLOYMENT FROM 65 TO 70 YEARS AS PER THE UGC REGULATIONS, 2018 (ANNEXURE K) AND THE CENTRAL GOVERNMENT ORDER DATED 23.03.2007 (ANNEXURE N) AND 04.04.2007 (ANNEXURE P) AND ALSO AS PER THE GO DATED 02.11.2017 (ANNEXURE J) 31.12.2008 (ANNEXURE L) ISSUED BY THE MINISTRY OF HIGHER EDUCATION AND ALSO AS PER UGC REGULATIONS OF 2018 DATED 18.06.2018 (ANNEXURE K) AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER UPTO THE AGE OF 65 YEARS TREATING THE AGE OF SUPERANNUATION AS 65 YEARS AND NOT 62 YEARS AND ETC.
IN W.P. No.1579/2022
BETWEEN:
DR HASEEN TAJ AGED ABOUT 62 YEARS W/O DR.N.SHAIK MASTHAN PROFESSOR, DEPARTMENT OF EDUCATION BENGALURU UNIVERSITY R/AT 'AAYAN' N.9, CHIKKABASTI, BODDABASTI MAIN ROAD, SMV LAYOUT,
108
4TH BLOCK, BANGALORE.
… PETITIONER
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
5 . COMMISSIONER THE COLLEGIATE EDUCATION PALACE ROAD BANGALORE-562 001
109
7 . UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE P.K.BLOCK, PALACE ROAD GANDHI NAGAR BENGALURU-562 009
8 . BANGALORE UNIVERSITY MYSORE ROAD, JNANA BHARATHI BENGALURU, KARNATAKA-562 056 BANGALORE - 562 040 REPRESENTED BY ITS REGISTRAR
… RESPONDENTS
(BY SMT. SAROJINI MUTHANNA, ADVOCATE FOR R1; SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SMT. M.C. NAGASHREE, AGA FOR R3 TO R6; SRI B. PRAMOD, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT, THE AGE OF THE RETIREMENT OF THE PETITIONER SHOULD BE FROM 62 TO 65 YEARS AND RE-EMPLOYMENT FROM 65 TO 70 YEARS AS PER THE UGC REGULATIONS, 2018 VIDE ANNX-K AND THE CENTRAL GOVERNMENT ORDER DTD 23.03.2007 VIDE ANNX-N AND 04.04.2007 VIDE ANNX-P AND ALSO AS PER THE GO DTD 02.11.2017 VIDE ANNX-J, 31.12.2008 VIDE ANNX-L ISSUED BY THE MINISTRY OF HIGHER EDUCATION AND ALSO AS PER UGC REGULATIONS OF 2018 DTD 18.06.2018 VIDE ANNX-K AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER UPTO THE AGE OF 65 YEARS TREATING THE AGE OF SUPERANNUATION AS 65 YEARS AND NOT 62 YEARS AND ETC.
110
IN W.P. No.9011/2022
BETWEEN:
S M DHARMAPRAKASH S/O MADAPPA GOWDA, AGED ABOUT 62 YEARS, O/A MANGALORE UNIVERSITY, MANGALORE-574 199 R/A NO.II MAIN ROAD, JAYANAGAR, MAROLI, KUSHAL NAGAR POST, MANGALORE-575 005.
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
AND DEVELOPMENT
NEW DELHI - 110 002,
KARNATAKA - 562 001.
111
HIGHER EDUCATION DEPARTMENT, AMBEDKAR VEEDHI, BENGALURU-562 001
5 . THE COMMISSIONER THE COLLEGIATE EDUCATION PALACE ROD, BENGALURU-562 001.
6 . THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU-562 001 7 . UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE, P.K.BLOCK PALACE ROAD, GANDHI NAGAR, BENGALURU-562 009 8 . MANGALORE UNIVERSITY MANGALAGANGOTRI, MANGALORE KARNATAKA - 574 199 REPRESENTED BY ITS REGISTRAR … RESPONDENTS
(BY SRI SHANTHI BHUSHAN, DSGI A/W SRI SHIVAKUMAR, ASG FOR R1; SRI H.R. SHOWRI, ADVOCATE FOR R2 TO R7; SRI SUYOG HERELE E., ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER TILL THE END OF THE ACADEMIC YEAR AS PER CLAUSE 2 OF THE STATUTE GOVERNING RE-EMPLOYMENT OF RETIRED TEACHERS TILL THE END OF THE ACADEMIC YEAR DTD 31.10.2022 ANNEXURE-G NOTWITHSTANDING THE FACT THAT THE PETITIONER HAS REACHED THE AGE OF SUPERANNUATION AND ETC.
112
IN W.P. No.9788/2022
BETWEEN:
R/AT NO.137 SRIRANGA DHAMA SIDDALINGESHWARA NAGAR NEAR NIRMITI KENDRA BOGADI II STAGE NORTH MYSURU - 570 026
R/AT NO.5, SURABHI 9TH MAIN ROAD 12TH CROSS, SHREYAS COLONY J P NAGAR 7TH PHASE BANGALORE - 560 078
113
R/AT A F COTTAGE 2-38(8) MARATHI MOOLE MANJANADY VILLAGE DAKSHINA KANNADA DISTRICT KARNATAKA - 575 018
… PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
2 . UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY O/O BAHADUR SHAH ZAFAR MARG NEW DELHI - 110 002 O/O SOUTH WESTERN REGIONAL OFFICE (BANGALORE) P K BLOCK, PALACE ROAD, GANDHI NAGAR BANGALORE KARNATAKA - 560 009 (INDIA)
4 . STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY HIGHER EDUCATION DEPARTMENT (UNIVERSITIES) AMBEDKAR VEEDHI BENGALURU - 560 001
114
| 5 . | UNIVERSITY OF MYSORE CRAWFORD HALL MYSURU - 570 005 REPRESENTED BY ITS REGISTRAR |
|---|---|
| 6 . | BANGALORE UNIVERSITY REPRESENTED BY ITS REGISTRAR JNANABHARATI CAMPUS NAGARABHAVI BENGALURU |
| 7 . | RURAL COLLEGE KANAKAPURA RAMANAGARA DISTRICT - 562 117 REPRESENTED BY ITS PRINCIPAL |
| 8 . | RURAL EDUCATION SOCIETY KANAKAPURA RAMANAGARA DISTRICT - 562 117 REPRESENTED BY ITS SECRETARY |
| 9 . | JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION KALIDASA MARG BENGALURU |
| 10 . | MANGALORE UNIVERSITY REPRESENTED BY ITS REGISTRAR MANGALORE UNIVERSITY LIGHT HOUSE HILL MANGALORE - 575 003 … RESPONDENTS |
| (BY |
SRI NASHI PADMAPRASAD BHARAMAPPA, ASG FOR R1 & R2; SMT. M.C. NAGASHREE, AGA FOR R3, R4 & R9; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5; SRI B. RAMESH, ADVOCATE FOR R6; SRI SUYOG HERELE E., ADVOCATE FOR R10; |
| R7 AND R8 ARE SERVED BUT UNREPRESENTED) |
115
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONERS TILL THE PETITIONERS ATTAIN THE AGE 65 YEARS IN TERMS OF SECTION 44(t) OF ACT 15 OF 2019 ON THE PRINCIPLE OF PARITY AS PER ANENXURE-C AND ETC.
IN W.P. No.11879/2022
BETWEEN:
DR SHOBHA JAGANNATH W/O MR. V.JAGANNATH PROFESSOR DEPARTMENT OF STUDIES IN BOTANY UNIVERSITY OF MYSURU MANASA GANGOTHRI MYSURU - 570 006 R/AT 173, 3A MAIN, D BLOCK, 3rd STAGE, VIJAYA NAGAR MYSURU - 570 030
… PETITIONER
(BY SRI RAMANANDA A.D., ADVOCATE)
AND:
116
REGIONAL OFFICE (BENGALURU) P.K BLOCK, PALACE ROAD, GANDHI NAGAR, BENGALURU
KARNATAKA - 560 009( INDIA)
BENGALURU - 560 001
MYSURU - 570 005
REPRESENTED BY ITS REGISTRAR,
… RESPONDENTS
(BY SRI JAYAKARA SHETTY H., ADVOCATE FOR R1; SMT. M.C. NAGASHREE, AGA FOR R3, R4 & R6; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER TILL THE PETITIONER ATTAIN THE AGE OF 65 YEARS IN TERMS OF SECTION 44(t) OF THE ACT 15 OF 2019 ON THE PRINCIPLE OF PARITY AND ETC.
117
IN W.P. No.12373/2022
BETWEEN:
DR. NANDINI. N AGED ABOUT 62 YEARS W/O D K SAINATH KUMAR RANNOREY PROFESSOR DEPARTMENT OF ENVIRONMENTAL SCIENCE BANGALORE UNIVERSITY R/AT NO.R-7, BANGALORE UNIVERSITY QUARTERS JNANA BHARATHI CAMPUS BANGALORE-560 056.
… PETITIONER
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
3 . STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU KARNATAKA-562 001.
118
| 4 . | STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU KARNATAKA-562 001. |
|---|---|
| 5 . | COMMISSIONER THE COLLEGIATE EDUCATION PALACE ROAD, BANGALORE-562 001. |
| 6 . | THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD |
| BANGALORE-562 001 REPRESENTED BY ITS DIRECTOR |
|
| 7 . | UNIVERSITY GRANTS COMMISSION SOUTH WESTERN REGIONAL OFFICE P K BLOCK, PALACE ROAD GANDHI NAGAR BANGALORE-562 009. |
| REPRESENTED BY ITS REGISTRAR | |
| 8 . | BANGALORE UNIVERSITY MYSORE ROAD JNANA BHARATHI BENGALURU |
| KARNATAKA-562 056 | |
| REPRESENTED BY ITS REGISTRAR … RESPONDENTS |
(BY SRI VAIBHAV R.M., ADVOCATE FOR R1; SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R3 TO R6; SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
119
THAT THE AGE OF RETIREMENT OF THE PETITIONER SHOULD BE FROM 62 TO 65 YEARS AND RE-EMPLOYMENT FROM 65 TO 70 YEARS AS PER THE UGC REGULATIONS 2018 (ANNEXURE-P) AND THE CENTRAL GOVERNMENT ORDER DATED 23.03.2007 (ANNEXURE-S) AND 04.04.2007 (ANNEXURE-T) AND ALSO AS PER THE GO DATED 02.11.2017 (ANNEXURE-N) 30.06.2010 (ANNEXURE-Q) ISSUED BY THE MINISTRY OF HIGHER EDUCATION AND ALSO AS PER UGC REGULATIONS OF 2018 DATED 18.07.2018 (ANNEXURE-P) AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER UPTO THE AGE OF 65 YEARS TREATING THE AGE OF SUPERANNUATION AS 65 YEARS AND NOT 62 YEARS AND ETC.
IN W.P. NO.13367/2022
BETWEEN:
… PETITIONER
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND
DEPT OF HIGHER EDUCATION
120
SHASTRI BHAVAN
NEW DELHI - 110 001
BENGALURU - 560 001
… RESPONDENTS
(BY SRI VAIBHAV R.M., ADVOCATE FOR R1; SMT. M.C. NAGASHREE, AGA FOR R3 & R4; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER, TILL THE PETITIONER ATTAIN THE AGE OF 65
121
YEARS IN TERMS OF SECTION 44(t) OF ACT 15 OF 2019 ON THE PRINCIPLE OF PARITY AS PER ANNEXURE-L AND ETC.
IN W.P. NO.13728/2022
BETWEEN:
… PETITIONER
BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR
SMT. ANUSHA L., ADVOCATE)
AND:
122
BANGALORE KARNATAKA-560 009 (INDIA)
… RESPONDENTS (BY SRI SHANTHI BHUSHAN, DSGI AND SRI ARAVIND D. UPADHYE, CGSC FOR R1; SMT. M.C. NAGASHREE, AGA FOR R3 & R4; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER TILL THE PETITIONER ATTAIN THE AGE OF 65 YEARS IN TERMS OF SECTION 44(t) OF ACT 15 OF 2019 ON THE PRINCIPLE OF PARITY. THE STATE LEGISLATURE SINCE EXTENDED THE AGE OF UGC TO MAHARANIS CLUSTER UNIVERSITY AND CONSTITUENT COLLEGE, THE SIMILAR BENEFIT IS ALSO EXTENDED TO THE TEACHERS OF MYSORE UNIVERESITY AND ETC.
IN W.P. NO.10426/2022
BETWEEN:
123
AGED ABOUT 59 YEARS, WORKING AS PRINCIPAL AND ASSOCIATE PROFESSOR O/O DEPT. OF SERICULTURE BHARATHI COLLEGE BHARATHI NAGARA MADDUR TOWN MANDYA DISTRICT -571 422 R/AT VIDHYAVARIDHI NO.238/16 7TH CROSS NEHRUNAGARA BEHIND SURAKSHA NURSING HOME MANDYA-571 401
S/O DURGAPPA AGED ABOUT 59 YEARS WORKING AS ASSOCIATE PROFESSOR O/O DEPT OF ZOOLOGY BHARATHI NAGARA MADDUR TOWN MANDYA DISTRICT - 571 422 R/A LECTURERS QUARTERS G. MADEGOWDA LAYOUT BHARATHINAGARA (K M DODDI) MADDUR TALUK MANDYA DISTRICT - 571 422
… PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
1 . UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HUMAN RESOURCES AND DEVELOPMENT DEPT OF HIGHER EDUCATION SHASTRI BHAVAN NEW DELHI - 110 001
124
| 2 . | UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY O/O BAHADUR SHAH ZAFAR MARG NEW DELHI - 110 002 O/O SOUTH WESTERN REGIONAL OFFICE (BANGALORE) P K BLOCK PALACE ROAD GANDHI NAGAR BANGALORE KARNATAKA - 560 009 (INDIA) |
|---|---|
| 3 . | STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY AMBEDKAR VEEDHI BENGALURU - 560 001 |
| 4 . | STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY HIGHER EDUCATION DEPARTMENT (UNIVERSITIES) AMBEDKAR VEEDHI BENGALURU - 560 001 |
| 5 . | UNIVERSITY OF MYSORE CRAWFORD HALL MYSURU - 570 005 REPRESENTED BY ITS REGISTRAR |
| 6 . | BHARATHI COLLEGE REPRESENTED BY ADMIN BHARATHI NAGAR MADDUR TALUK MANDYA DISTRICT - 571 422 |
| 7 . | BHARTHI EDUCATION TRUST (R) REPRESENTED BY ITS SECRETARY BHARATHI NAGAR MADDUR TALUK |
| MANDYA DISTRICT - 571 422 | |
| 8 . | JOINT DIRECTOR |
| DEPARTMENT OF COLLEGIATE EDUCATION |
125
VINOBHA ROAD MYSORE - 570 005
10 . THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHNAKNA SOUDHA SHESHADRI ROAD BENGALURU - 560 001 …RESPONDENTS
(BY SRI SHANTHI BHUSHAN, DSGI FOR R1; SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R3, R4, R8, R9 & R10; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONERS TILL THE PETITIONERS ATTAIN THE AGE OF 65 YEARS IN TERMS OF SECTION 44(t) OF ACT 15 OF 2019 (ANNEXURE-H) ON THE PRINCIPLE OF PARITY AND ETC.
IN W.P. NO.4089/2022
BETWEEN:
SRI. D. RAVIKUMAR S/O S T DHARMAGIRI, AGED ABOUT 59 YEARS, WORKING AS ASSISTANT PROFESSOR, SRI BHUVANENDRA COLLEGE, C/O ACADEMY OF GENERAL EDUCATION MANIPAL, KARKALA - 574 104,
126
DISTRICT UDUPI, R/A SAMRUDDI NILAYA, BAGADERA KOPPALU, IV MAIN ROAD OPP. AIR SALAGAME, HASSAN - 573 201.
… PETITIONER
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
SHASTRI BHAVAN, NEW DELHI - 110 001.
KARNATAKA - 560 001.
4 . STATE OF KARNATAKA REPRESENTED THROUGH ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU KARNATAKA - 560 001.
127
… RESPONDENTS (BY SRI H.R. SHOWRI, ADVOCATE FOR R2 & R7; SRI DHYAN CHINNAPPA, AAG A/W SMT. M.C. NAGASHREE, AGA FOR R3, R4, R5 & R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE AGE OF RETIREMENT OF THE PETITIONER SHOULD BE FROM 62 TO 65 YEARS AND RE-EMPLOYMENT FROM 65 TO 70 YEARS AS PER THE UGC REGULATIONS OF 2018 PUBLISHED IN THE OFFICIAL GAZETTE DATED 18.07.2018 ANNEXURE-E AND THE CENTRAL GOVERNMENT ORDER DATED 23.03.2007 ANNEXURE-H AND 04.04.2007 ANNEXURE-J AND ALSO AS PER THE GO DATED 02.11.2017 ISSUED BY THE MINISTRY OF HRD ANNEXURE-D AND ALSO AS PER CLAUSE (f) OF THE HRD MINISTRY NOTIFICATION DATED 31.12.2018 ANNEXURE-A ISSUED BY THE MINISTRY OF HIGHER EDUCATION AND ALSO AS PER CLAUSE
128
2.0 AND 2.1 OF UGC REGULATIONS OF 2018 DATED 18.07.2018 ANNEXURE-E AND DIRECT THE RESPONDENTS TO CONTINUE THE SERVICES OF THE PETITIONER UPTO THE AGE OF 65 YEARS TREATING THE AGE OF SUPERANNUATION AS 65 YEARS AND NOT 62 YEARS AND ETC.
IN W.P. NO.9016/2022
BETWEEN:
129
MANDYA DISTRICT R/A ABHIMANA NILAYA, CHENNIGARAYA EXTENSION, CHANNARAYAPATTNA DISTRICT - 573 116.
…PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SMT. ANUSHA L., ADVOCATE)
AND:
130
| 5. | DEPARTMENT OF COLLEGIATE EDUCATION REPRESENTED BY THE REGIONAL JOINT DIRECTOR, REGIONAL JOINT DIRECTORS OFFICE, KALIDASAMARG, GANDHINAGAR, BANGALORE - 560 009. |
|---|---|
| 6. | JANATHA EDUCATION SOCIETY RAJAJ INAGAR 2NDSTAGE, BANGALORE-560 055 REPRESENTED BY ITS SECRETARY |
| 7. | VIVEKANANDA DEGREE COLLEGE RAJAJ INAGAR 2ND STAGE, BENGALURU-560 055 REPRESENTED BY ITS PRINCIPAL |
| 8 . | VIJAYA COLLEGE R.V.ROAD, BASAVANGUDI, BENGALURU-560 004, REPRESENTED BY ITS PRINCIPAL |
| 9 . | BHS HIGHER EDUCATION SOCIETY 4TH BLOCK, JAYANAGAR, BENGALURU-560 011 REPRESENTED BY ITS SECRETARY. |
| 10 . | ACADEMY OF LIBERAL EDUCATION TRUST SULIA DAKSHINAKANNADA-574 327 REPRESENTED BY ITS SECRETARY. |
| 11 . | MAHATHMA GANDHI MEMORIAL COLLEGE UDUPI - 574 102, REPRESENTED BY PRINCIPAL |
| 12 . | THE ACADEMY OF GENERAL EDUCATION MANIPAL - 576 104, REPRESENTED BY REGISTRAR. |
| 13 . | THE REGIONAL JOINT DIRECTOR REGIONAL JOINT DIRECTOR OFFICE, DEPARTMENT OF COLLEGIATE EDUCATION |
131
HUNSUR ROAD, NEAR HOTEL REGALIS, K G KOPPAL, KAJJIHUNDI, MYSURU - 570 012.
… RESPONDENTS
(BY SRI SHANTHI BHUSHAN, DSGI FOR R1; SMT. M.C. NAGASHREE, AGA FOR R3 TO R5, R13 AND R14; SRI H.R. SHOWRI, ADVOCATE FOR R2; SRI RAJASHEKAR, ADVOCATE FOR R6; SRI RAVISHANKAR, ADVOCATE FOR R8 & R9; R7, R10, R11, R12, R15 AND R16 ARE SERVED BUT UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE AGE OF SUPERANNUATION TILL THE PETITIONERS ATTAIN THE AGE OF 65 YEARS AS PROVIDED BY THE UGC IN TERMS OF 18.7.2018 REGULATION ANENXURE-D AND AS PER THE LETTER OF THE UGC AND CENTRAL GOVERNMENT ORDER DTD.23.3.2007 , 04.04.2007, 31.12.2008 ANENXUE-E, F, G AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 02.01.2023 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
132
ORDER
S. SUNIL DUTT YADAV. J
This order has been divided into the following sections
to facilitate analysis:
| 1. | PRAYERSSOUGHT | |
|---|---|---|
| BATCH- I | 133 | |
| BATCH- II | 143 | |
| BATCH- III | 148 | |
| 2. | CONTENTIONS OFPARTIES BATCH- I |
162 |
| BATCH- II | 170 | |
| BATCH- III | 175 | |
| 3. | LEGISLATIVE ANDEXECUTIVEFRAMEWORK UGC/CENTRAL ANDSTATEGOVERNMENTNOTIFICATIONS |
183 |
| 4. | ANALYSIS | |
| BATCH- I Whether the Government Order dated 15.10.2009 enhancing the age of superannuation to the Teaching Community of Universities drawing UGC Scales from 60 Years to 62 Years, while continuing the age of superannuation to other Teaching Community to be at 60 Years is valid in law? |
189 | |
| BATCH- II ANDBATCH- III Whether the petitioners are entitled for enhancement in age of superannuation to 65 years? |
208 |
133
The three batches of Writ Petitions involve adjudication of similar legal questions relating to applicability of the University Grants Commission Regulations ('UGC Regulations') as regards the age of superannuation and accordingly are taken up together and disposed off by this common order.
BATCH - I
2.1 This batch of Writ Petitions relate to those
working as Lecturers, Principals and Associate Professors in Government Aided and in Colleges Affiliated to Universities
and the prayers sought in the memorandum of Writ Petitions are as hereunder:-
| SL. | **CASENO. ** | PRAYER |
|---|---|---|
| NO. | ||
| 1. | W.P. 12880/2022 | a) Issue a writ of mandamus or an order or a direction directing the Respondents to fix the retirement age to 62 years for the Petitioner on par with the retirement age of teaching community of University and Government Colleges as per UGC regulations where retirement age is 62 Years, by quashing part of the Government Order No.ED-37 UNE 2009 (P) |
134
| Bengaluru dated 15.10.2009 vide Annexure-A where the retirement age of the petitioner is 60 Years and to pass orders within time frame specified by this Hon'ble Court. |
||
|---|---|---|
| 2. | W.P. 9069/2022 | a) Issue a writ in the nature of mandamus or an order or a direction directing the Respondents to fix the retirement age as 62 years for the Petitioner on par with retirement age of teaching community of Universities and Government Colleges under UGC Regulations as per which retirement age is 62 years by quashing part of the Government order No.ED- 37 UNE 2009 (P) Bangalore dated 15.10.2009 vide Annexure-A where the retirement age of the petitioner is 60 years and to pass orders within time frame specified by this Hon'ble Court. |
| 3. | W.P.No.3589/2021 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.ED 02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Same as Prayer-(a) in W.P.No.9069/2022. |
| 4. | W.P.No.3515/2021 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 5. | W.P.No.19513/2021 The Petitioner is director of Physical Education |
a) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter dated 22.02.2021 have notified the retirement of the Petitioner has 31.10.2021vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till |
135
| the disposal of this Writ Petition. b) Same as Prayer-(a) in W.P.No.9069/2022. |
||
|---|---|---|
| 6. | W.P. No.8992/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 7. | W.P.No. 12861/2022 | a) Issue a writ of Certiorari by setting aside or quashing the letter bearing No.MC/002/NDC/2022-2023/103 dated 04.06.2022 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till disposal of this WP. b)Same as Prayer-(a) in W.P.No.9069/2022 |
| 8. | W.P.No. 9702/2022 | a) Issue a writ of Certiorari by setting aside the letter issued by the 5thRespondent college bearing No. AVK:106:2022-23 dated 12.05.2022 to the 1st Petitioner, vide Annexure-B and the letter issued by the 5th Respondent college bearing No:AVK:115:2022- 23 dated 13.05.2022 to 2ndPetitioner vide Annexure B1 in respect of the Petitioners, whose retirement age is fixed as 60 years, till disposal of this WP. b)Same as Prayer-(a) in W.P.No.9069/2022 |
| 9. | W.P.No.12020/2022 | a) Issue a writ of certiorari by setting aside or quashing the letter issued by the 5th respondent in respect of the period 2021-2022 to the 1stpetitioner vide Annexure-B as per the letter bearing REF.NO.S.V.V.S/K1b/Sec/ 33/2022-23 dated 01.06.2022 issued by the 7th respondent College to the 2ndpetitioner vide |
136
| Annexure-B1 and quashing the government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B2 only in respect of the petitioner No.3 whose retirement age is fixed as 60 years, till the disposal of this writ petition. b)Same as Prayer-(a) in W.P.No.9069/2022 |
||
|---|---|---|
| 10. | W.P.No.12605/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the letter bearing Ref.No.KTL/Sci./ AMS/Sup-Ann/92/2022-23 dated 20.06.2022 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022 |
| 11. | W.P.No.10014/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the letter bearing No:KaaShiE/Prakabe/Aav-2/99/VaaVePa/2021- 22 to the Principal vide letter dated 08.02.2022 vide Annexure-B, vide letter bearing Ref.No.- KaPaKaMa/VA/Pra 2022 dated 04.04.2022 vide Annexure-B1 vide letter bearing Ref.No.BDR/KPES/SACCS/S.C/2021-22 dated 21.04.2022 vide Annexure B2 only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022 |
| 12. | W.P.No.11071/2021 | Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 13 | W.P.No.8049/2022 | a) Issue a Writ of Certiorari by setting aside or quashing order passed by the Regional Joint Director which is comes under 2nd Respondent |
137
| vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
||
|---|---|---|
| 14. | W.P.No.7734/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 15. | W.P.No.7552/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 16. | W.P.No.7531/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the order dated 31.12.2021 vide Annexure B, the order dated 31.12.2021 vide Annexure B1, the order dated 31.03.2022 vide Annexure B2, the order dated 07.08.2021 vide Annexure B3, the order dated 31.12.2021 vide Annexure B4 and the order dated 05.08.2021 vide Annexure B5 in respect of the Petitioners whose retirement age is fixed as 60 years, till disposal of this WP. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 17. | W.P.No.4939/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
138
| 18. | W.P.No.4087/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B issued by Respondent No.1 Prl. Secretary to Govt., Education Department (Higher Education) only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
|---|---|---|
| 19. | W.P.No.2344/2022 | a) Issue a Writ of Certiorari setting aside or quashing the Government Order No. GE4A/CE5/1029833/21-22/160 dated 26.10.2021 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 20. | W.P.No.24520/2021 | a) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter dated 17.12.2020 which has notified the date of retirement of Petitioner No.1 as 31.12.2021 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter dated 11.10.2021 which has notified the date of retirement of Petitioner No.2 as 31.12.2022 vide Annexure B1 only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. c) Issue a Writ of Certiorari by setting aside or quashing the Government Order No. ED 12 DCE 2021 dated 21.01.2021 vide Annexure-B2 only in respect of the Petitioner No.3, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
139
| 21. | W.P.No.7277/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
|---|---|---|
| 22. | W.P.No.7223/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 23. | W.P.No.8889/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 24. | W.P.No.22629/2021 | a) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter in Ref No: 118/21-22 dated 02.11.2021 which has notified the date of retirement of the Petitioner No.1 as 31.12.2021 vide Annexure B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Issue a Writ of Certiorari by setting aside or quashing the order of (sic) Government of Karnataka through the Principal vide dated 03.12.2021 which has notified the date of retirement of Petitioner No.2 as 31.05.2022 vide Annexure-B1 only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. |
140
| c) Issue a Writ of Certiorari by setting aside or quashing the order of Government of Karnataka through the Principal vide letter Ref No:09/ES/SE Cer/2021-2022 dated 30.11.2021 which has notified the date of retirement of Petitioner No.3 as 30.06.2022 vide Annexure- B2 only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. d)Same as Prayer-(a) in W.P.No.9069/2022. |
||
|---|---|---|
| 25. | W.P.No.8314/2020 Petitioner No.60 is Physical Education Director |
a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 26. | W.P.No. 10105/2022 | b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 27. | W.P.No.9787/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No:ED 251 DCE 2021 (E) dated 14.01.2022 vide Annexure-B only in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 28. | W.P.No.9808/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the letter bearing Ref.No.SSACC/Commerce/SSC/Ret./2022- 23/2734 dated 11.05.2022 issued by the Respondent No.6 to the Petitioner No.1 vide Annexure-B, letter bearing No. HKES/BVBDC/Aca/2022-23/ dated 11.05.2022 issued by the Respondent No.7 to the Petitioner No.2 vide Annexure B1, letter bearing Ref. No. SPJMB/DEGREE/2021-22/137 dated 13.05.2022 issued by the Respondent No.8 to |
141
| the Petitioner No.3 vide Annexure B2, letter bearing Ref.No.HKES/SVPDEG/56/2022-23 dated 16.05.2022 issued by the Respondent No.9 to the Petitioner No.4 vide Annexure-B3, letter bearing Ref.No. HKES/SVPWCK/dated 14.05.2022 issued by the Respondent No.10 to the Petitioner No.5 vide Annexure B4, letter bearing No. MES/Cc/Cert./2022-23/ dated 14.05.2022 issued by the Respondent No.11 to the Petitioner No.6 vide Annexure B5 and letter Bearing Ref.No. KLE/GIBIN/EST/2021-22/685 dated 14.02.2022 issued by the Respondent No.13 to the Petitioner No.7 vide Annexure B6, in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
||
|---|---|---|
| 29. | W.P.No.9700/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the letter bearing Ref.No. KTL/Sci./RYK/Ret./2022-2023 dated 09.05.2022 issued by the 4th Respondent College vide Annexure-B, the letter bearing Ref.No. SMC/MPA/Rtd./2022-23/237 dated 09.05.2022 issued by the 8th Respondent vide Annexure B1, the letter bearing Ref.No. JSSD/76/2022-23 dated 11.05.2022 issued by the 9th Respondent vide Annexure-B2, the letter bearing Ref.No. SMC/KFP/RTD./2022- 23/238 DATED 13.05.2022 issued by the 8th Respondent vide Annexure-B3 in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 30. | W.P.No.9024/2022 | a) Issue a Writ of Certiorari by setting aside or quashing the letter bearing No: Sl.No/S.A.C.C/68/2022-2023 dated 23.04.2022 issued by the college to the Petitioner No.1 vide Annexure-B and vide letter dated 22.04.2022 issued by the College of the Petitioner No.2 vide Annexure B1 in respect of the Petitioner, |
142
| whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
||
|---|---|---|
| 31. | W.P.No.9370/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 32. | W.P.No.15360/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 33. | W.P.No.10369/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 34. | W.P.No.13880/2021 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No. ED 12 DCE 2021 dated 21.01.2021 vide Annexure B only in respect of the Petitioners whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
143
| 36. | W.P.No.15412/2021 | a) Issue a Writ of Certiorari by setting aside or quashing the Government Order No. ED 12 DCE 2021 dated 21.01.2021 issued by Respondent No.1 vide Annexure-B only in respect of the Petitioner whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
|---|---|---|
| 37. | W.P.No.8888/2020 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.02 DCE 2020 dated 17.02.2020 vide Annexure-B only in respect of the Petitioners, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b)Same as Prayer-(a) in W.P.No.9069/2022. |
| 38. | W.P.No.13790/2021 | a) Issue a writ of Certiorari by setting aside or quashing the Government Order No.ED 12 DCE 2021 dated 21.01.2021 vide Annexure-B in respect of the Petitioner, whose retirement age is fixed as 60 years, till the disposal of this Writ Petition. b) Same as Prayer-(a) in W.P.No.9069/2022. |
BATCH - II
2.2 In this batch of Writ Petitions, the petitioners
who are working as Lecturers, Principals and Associate Professors under Government Aided Colleges or Colleges Affiliated to Universities and the prayers sought in the memorandum of Writ Petitions are as hereunder:-
144
| SL. NO. |
**CASENO. ** | PRAYER |
|---|---|---|
| 1. | W.P.No.10426/2022 | (a) Issuance of writ of mandamus directing the respondents to continue services of the petitioners till the petitioners attain the age of 65 years in terms of Section 44(t) of Act 15 of 2019 (Annexure-H) on the principle of parity. (b) Direct the respondents to extend the age of superannuation as provided under the UGC Regulations dated 18.07.2018 and further extend the benefit of 7th Pay Commission Recommendation in terms of Government Order dated 02.11.2017; (Annexure-L) (c) Direct the Respondents not to discriminate in the matters of appointment including extending the age of superannuation, and not to discriminate among the Classroom Teachers based on the place of working. The benefit is extended to University Classroom Teachers under the Karnataka State University Act of 2000, and the same is applicable to all the Classroom Teachers working in a College affiliated under the Karnataka State Universities Act of 2000 on the principle of parity. |
| (d Direct the respondents to continue services of the petitioners till the petitioners attain the age of 65 years and accord all consequential benefits and not to enforce any State law in this regard. (e Declare that the Government Order issued by the State |
||
| Government including Clause-9 of Government Order dated 16.03.2019 |
145
| bearing No. ED 483 UNE 2017 (Annexure-N) as being void, inoperative and unenforceable in view of the Regulations framed under the Central Legislation which are binding on the petitioners and the respondents. |
|
|---|---|
| 2. W.P.No.9016/2022 |
a) Issue a Writ of Mandamus directing the respondents to extend the age of superannuation till the Petitioners attain the age of 65 years as provided by the UGC Regulations of 2018 (Annexure-D) and as per the letter of the UGC and Central Government order dated 23.03.2007, 04.04.2007 and 31.12.2008 (Annexures-E,F,G) b) Declare that the Government Order dated 16.03.2019 (Annexure-C) bearing No. ED 483 UNE 2017 to the extent of denial of age of superannuation of 65 Years as provided under Regulations of UGC dated 18.07.2018, is arbitrary, illegal and inoperative and void to the extent of Central Regulations of UGC Dated 18.07.2018 and violative of Article 14 read with 16 of the Constitution of India and issue directions to continue petitioners upto the age of 65 Years with salary and emoluments attached to the post held by the petitioners. (c) Direct the respondents to extend the age of superannuation till 65 Years as provided to the teachers working in the Colleges of Maharani Cluster Universities applying the doctrine of principle of parity. |
146
| (d) Issue a writ of mandamus directing the respondents not to discriminate between the age of superannuation in the cadre of Assistant Professor, Associate Professor and Professor in which the petitioners are working. |
|
|---|---|
| 3. W.P.No.4089/2022 |
(a) Declare that the age of retirement of the petitioner should be enhanced from 62 years to 65 years and re-employment from 65 years to 70 years as per the UGC Regulations of 2018 published in the Official Gazette dated 18.07.2018 Annexure-E and the Central Government Order dated 23.03.2007 Annexure-H and 04.04.2007 Annexure-J and also as per the G.O. dated 02.11.2017 issued by MHRD Annexure-D and also as per Clause-(f) of the MHRD Notification dated 31.12.2018 Annexure-A issued by the Ministry of Higher Education and also as per Clause-(2.0) and (2.1) of UGC Regulations of 2018 dated 18.07.2018 Annexure-E and direct the respondents to continue the services of the petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. |
| (b) Declare that the age of retirement provided by the State Government is impliedly repealed and taken away and the age of superannuation at 62 years is void ab initio and unconstitutional and declare that the age of retirement of petitioner should be in terms of the Government Order of the Union of India dated 02.11.2017 Annexure-D, accepting the 7th Pay Commission recommendations. |
147
| (c) Issue a writ of certiorari and |
|---|
| declare Clause-9 of the Government Order dated 16.03.2019 is inoperative in view of the decision reported in (2015) 6 SCC 363 Kalyani Mathivanan v. K.V.Jayaraj. |
| (d) Direct the respondents to bring the state law on age of |
| retirement/superannuation in conformity with UGC Regulations with UGC Regulations of 2018 and declare the said State Government order dated 16.03.2019 is unenforceable and inoperative in view of the UGC Regulations of 2018 and MHRD letter dated 18.07.2018. |
| (e) Direct the State Government respondents to incorporate the age of superannuation which was applicable to all the teachers in the respondent University and Colleges as provided under the UGC Regulation dated |
| 18.07.2018 and 30.06.2010 Annexure-E and G and extend the |
| benefit of age of superannuation to the petitioner. |
| (f) Issue a writ of mandamus directing the respondents not to discriminate the petitioner on the age of retirement |
| and to treat them on par with that of |
| the teachers in AICTE and National Medical Council of India and extend the benefit of continuing the services of the petitioner till the end of |
| academic year and further not to |
| relieve the services of the petitioner |
| on attending the age of |
| superannuation of 62 years in the University. |
148
BATCH - III
2.3 The petitioners who are working in Colleges of
the Universities and the prayers sought in memorandum of
Writ Petitions are as hereunder:-
| SL. NO. |
**CASENO. ** | PRAYER |
|---|---|---|
| 1. | W.P.No.13728/2022 | a) Issue a Writ of Mandamus directing the respondents to continue the services of the Petitioner till the Petitioner attain the age of 65 years in terms of Section 44(t) of Act 15 of 2019 on the principle of parity. As the State Legislature has extended the age of faculty of Maharani's Cluster University and Constituent Colleges, the similar benefit is also to be extended to the teachers of Mysore University. b) Direct the Respondents to extend the age of superannuation as provided under the UGC Regulations dated 18.07.2018 (Annexure G) and further extend the benefit of the 7th CPC in terms of the G.O. dated 02.11.2017 (Annexure-F). C) Direct the Respondents not to discriminate in matters of extending the age of superannuation, and not to discriminate among the Classroom Teachers based on the place of working. The benefits extended to University Classroom Teachers under Karnataka State University Act and the same is to be made applicable to all the Classroom Teachers working in a College affiliated under the Karnataka State University Act, 2000 on the principle of parity. d) Direct the Respondents to continue services of the Petitioner till the attainment of age of |
149
| 65 years and accord all consequential benefits. e) Declare that any GO issued by the State Government including the Clause 9 of the GO 16.03.2019 (Annexure H) as void, inoperative and the same is unenforceable in view of the regulation framed under the Central Legislature which are binding on the Petitioner and Respondents. |
|
|---|---|
| 2. W.P.No.11879/2022 |
a) Issue a Writ of Mandamus directing the Respondents to continue the services of the Petitioner till the Petitioner attain the age of 65 Years in terms of Section 40(t) of Act 15 of 2019 on the principle of parity. b) Direct the respondents to extend the age of superannuation as provided under the UGC Regulations dated 18.07.2018 and further extend the benefit of the 7th Pay Commission Recommendation in terms of the GO dated 02.11.2017 bearing No:1-7/2015-U.T1(1) vide (Annexure L). c) Direct the Respondents not to discriminate in matters of appointment including extending the age of superannuation, and not to discriminate among the Classroom Teachers based on the place of working. The benefit is extended to University Classroom teachers under the Karnataka State University Act of 2000 and the same is applicable to all Classroom Teachers working in affiliated Institutions under Karnataka State University Act of 2000 on principle of parity. d) Direct the Respondents to continue the services of petitioners till the attainment of age of 65 years and accord all consequential benefits. |
150
| e) Declare that any GO issued by the State Government including the Clause 9 of the GO 16.03.2019 bearing No. ED483UNE 2017 (Annexure-M) as void, inoperative and the same is unenforceable in view of the regulation framed under the Central Legislature which are binding on the Petitioner and Respondents. |
|
|---|---|
| 3. W.P.No.12953/2021 |
(a) Declare that, the Government Order dated 15.10.2009 (Annexure-M) fixing the age of superannuation as 62 years for Universities of Agricultural Science is inconsistent with the recommendations made by the pay review committee which has been accepted by the Ministry of HRD vide letter dated 02.11.2017 (Annexure-E), 31.01.2018 (Annexure-H) and declare that the G.O. dated 15.10.2009 (Annexure-M) is_void ab initio_and inoperative to the extent of the regulations framed by the UGC and declare that, the Government Order dated 15.10.2009 (Annexure-M) is unenforceable against the Petitioners and the same may be read down subject to the age of retirement fixed by the Central Government and UGC regulations. (b) Issue a Writ of Mandamus directing the Respondents to continue the service of the Petitioners upto the age of 65 years and to grant all consequential benefits and declare that the petitioners are entitled for retirement upto the age of 65 years and the respondents have no power to relieve the services of the petitioners on attaining the age of 62 years and restrain the respondents from enforcing any age of superannuation or retirement in terms of KCSR rules and the GO dated 15.10.2009 (Annexure-M). (c)Direct the State Government respondents to incorporate the age of superannuation |
151
| which was applicable to all the teachers in the Universities and Colleges as provided under the UGC regulations of 2010 (Annexure-N) and the Government also should abide by the regulations framed by the UGC, 2018 (Annexure-F) and extend the benefit of age of superannuation to the Petitioner. |
|---|
| (d) Further declare that, the age of retirement of the Petitioners should be enhanced from 62 years to 65 years and re-employment from 65 years to 70 years as per the UGC regulations, 2018 (Annexure-F) and in terms of the Central Government order dated 23.03.2007 |
| (Annexure-K), 04.04.2007 (Annexure-J) and also as per the GO dated 02.11.2017 (Annexure-E), 31.12.2008 (Annexure-L) issued by the Ministry of Higher Education and also as per UGC regulations dated 18.07.2018 (Annexure-F) and direct the Respondents to continue the services of the Petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. |
| (e) Declare that, the age of retirement provided by the state government is impliedly repealed and taken away and fixing the age of superannuation at 62 years is void_ab initio_ and declare that, the age of retirement of the Petitioner should be in terms of the letter of the Union of India dated 02.11.2017 (Annexure-E) and in terms of the letter dated 31.12.2008 (Annexure-L) and in accordance of the UGC regulations dated 18.07.2018 (Annexure-F) should be 60 to 65 years and reemployment from 65 to 70 years and grant all consequential benefits in terms of the UGC regulations of 2018 (Annexure-F). |
| (f) Issue a writ of mandamus directing the respondents not to discriminate the petitioners in the age of retirement and threat them on |
152
| par with that of the teachers in the AICTE and National Medical Council of India including the State University teachers and teachers employed in Deemed Universities and extend the benefit of not relieving the services in the middle of the academic year to the Petitioner also. |
|
|---|---|
| 4. W.P.No.13047/2021 |
(a) Declare that the Government Order dated 15.10.2009 (Annexure-L) fixing the age of superannuation as 62 years for Universities of is inconsistent with the recommendations made by the Pay Review Committee which has been accepted by the Ministry of HRD vide letter dated 02.11.2017 (Annexure-D), 31.01.2018 (Annexure-G) and declare that the GO dated 15.10.2009 (Annexure- L) is void_ab_ _initio_and inoperative to the extent of the regulations framed by the UGC and declare that, the Government Order dated 15.10.2009 (Annexure-L) is unenforceable against the Petitioners and the same may be read down and declare the same to be subject to the age of retirement fixed by the Central Government and the UGC regulations. (b) Issue a Writ of mandamus directing the respondents to continue the service of the Petitioners upto the age of 65 years and to grant all consequential benefits and declare that the petitioners are entitled for retirement upto the age of 65 years and the Respondents have no power to relieve the services of the Petitioners on attaining the age of 62 years and restrain the Respondents from enforcing any age of superannuation or retirement in terms of KCSR Rules and the GO dated 15.10.2009 (Annexure-L). (c) Direct the State Government respondents to incorporate the age of superannuation which was applicable to all the teachers in the |
153
| Universities and Colleges as provided under |
|---|
| the UGC regulations of 2010 (Annexure-M) and the Government also should abide by the regulations framed by the UGC, 2018 (Annexure-E) and extended the benefit of age of superannuation to the Petitioners. |
| (d) Further declare that, the age of retirement of the Petitioners should be enhanced from 62 years to 65 years and re-employment from 65 to 70 years as per the UGC regulations, 2018 (Annexure-E) and in terms of the Central Government order dated 23.03.2007 (Annexure-J), 04.04.2007 (Annexure-H) and |
| also as per the GO dated 02.11.2017 (Annexure-D), 31.12.2008 (Annexure-K) issued by the Ministry of Higher Education and also as per UGC regulations dated 18.07.2018 (Annexure-E) and direct the Respondents to continue the services of the Petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. |
| (e) Declare that, the age of retirement provided by the State Government is impliedly repealed and taken away and the age of superannuation at 62 years is void_ab initio_ and declare that the age of retirement of the Petitioner should be in terms of the letter of the Union of India dated 02.11.2017 (Annexure-D) and in terms of the letter dated 31.12.2008 (Annexure-K) and in accordance of the UGC regulations dated 18.07.2018 |
| (Annexure-E) should be 60 years to 65 years and re-employment from 65 years to 70 years and grant all consequential benefits in terms of the UGC regulations of 2018 (Annexure-E). |
| (f) Issue a writ of mandamus directing the respondents not to discriminate as regards the petitioners in the age of retirement and treat them on par with that of the teachers in the |
154
| AICTE and National Medical Council of India including the State University teachers and teachers employed in Deemed Universities and extend the benefit of not relieving the services in the middle of the academic year to the petitioners also. |
|
|---|---|
| 5. W.P.No.1278/2022 |
(a) Declare that, the age of retirement of the Petitioner should be enhanced from 62 years to 65 years and re-employment from 65 years to 70 years as per the UGC Regulations, 2018 (Annexure K) and the Central Government order dated 23.03.2007 (Annexure N) and 04.04.2007 (Annexure P) and also as per the G.O. dated 02.11.2017 (Annexure J), 31.12.2008 (Annexure L) issued by the Ministry of Higher Education and also as per UGC regulations of 2018 dated 18.06.2018 (Annexure K) and direct the Respondents to continue the services of the Petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. (b) Declare that, the age of retirement provided by the state government is impliedly repealed and taken away and the age of superannuation at 62 years is void_ab initio_ and declare that, the age of retirement of the Petitioner should be in terms of the letter of the Union of India dated 02.11.2017 (Annexure J) and in terms of the letter dated 31.12.2008 (Annexure L) and in accordance of the UGC regulations dated 18.06.2018 (Annexure K) should be enhanced from 62 years to 65 years and reemployment from 65 years to 70 years and grant all consequential benefits in terms of the UGC regulations of 2018 (Annexure K). (c) Issue a writ of certiorari and declare Clause-9 of the Government Order dated 16.03.2019 as inoperative in view of_Kalyani_ |
155
| Mathivanan v. K.V. Jeyaraj, (2015) 6 SCC 363. (d) Direct the Respondents to bring the age of superannuation in conformity with UGC, in terms of the Central Government Order dated 16.03.2019. (e) Direct the State Government respondents to incorporate the age of superannuation which was applicable to all the teachers in the Universities and Colleges as provided under the UGC regulations of 2018 and 2010 (Annexures K & M) and direct the Government to abide by the regulations framed by the UGC and extend the benefit of age of superannuation to the Petitioner. (f) Issue a writ of mandamus directing the respondents not to discriminate as regards the petitioners in the age of retirement and treat them on par with that of the teachers in the AICTE and National Medical Council of India including the State University teachers and teachers employed in Deemed Universities and extend the benefit of not relieving the services in the middle of the academic year to the Petitioner also. |
|
|---|---|
| 6. W.P.No.1579/2022 |
(a) Declare that, the age of retirement of the Petitioner should be enhanced from 62 years to 65 years and re-employment from 65 years to 70 years as per the UGC Regulations, 2018 (Annexure K) and the Central Government order dated 23.03.2007 (Annexure-N) and 04.04.2007 (Annexure P) and also as per the GO dated 02.11.2017 (Annexure-J), 31.12.2008 (Annexure L) issued by the Ministry of Higher Education and also as per UGC regulations of 2018 dated 18.06.2018 (Annexure K) and direct the Respondents to continue the services of the Petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. |
156
| (b) Declare that, the age of retirement provided by the state government is impliedly repealed and taken away and the age of superannuation at 62 years is void_ab initio_ and declare that, the age of retirement of Petitioner should be in terms of the letter of the Union of India dated 02.11.2017 (Annexure J) and in terms of the letter dated 31.12.2008 (Annexure L) and in accordance of the UGC regulations dated 18.06.2018 (Annexure K) should be 62 to 65 years and reemployment from 65 to 70 years and grant all consequential benefits in terms of the UGC regulations of 2018 (Annexure K). |
|---|
| (c) Issue a writ of certiorari and declare Clause- 9 of the Government Order dated 16.03.2019 as inoperative in view of_Kalyani_ Mathivanan v. K.V. Jeyaraj, (2015) 6 SCC 363. |
| (d) Direct the respondents to bring it in conformity with UGC, in terms of the central Government Order dated 16.03.2019 |
| (e) Direct the State Government respondents to incorporate the age of superannuation which was applicable to all the teachers in the Universities and Colleges as provided under the UGC regulations of 2018 and 2010 (Annexure K & M) and direct the Government to abide by the Regulations framed by the UGC and extend the benefit of age of superannuation to the Petitioner. |
| (f) Issue a writ of mandamus directing the respondents not to discriminate as regards Petitioners in the age of retirement on par with that of the teachers in the AICTE and National Medical Council of India including the State University teachers and teachers employed in Deemed Universities and extend the benefit of |
157
| not relieving the services in the middle of the academic year to the Petitioners also. |
||
|---|---|---|
| 7. | W.P.No.9011/2022 | (a) Issue writ of mandamus, directing the respondents to continue the services of the petitioners till the end of the academic year as per Clause 2 of the STATUTE GOVERNING RE- EMPLOYMENT OF RETIRED TEACHERS TILL THE END OF ACADEMIC YEAR dated (Annexure G), notwithstanding the fact that the Petitioner has reached the age of superannuation; |
| (b) Declare that as far as the age of superannuation is concerned, that would be subject to the result of W.P. No. 13047/2021 (S Res) (Annexure E); (c) Direct the Respondent No.8 to pay the salary once the Petitioner has been assigned the duties as Chemistry lecturer till the end of the academic year; |
||
| 8. | W.P.No.9788/2022 | (a) Issue a Writ of Mandamus directing the Respondents to continue the services of the Petitioners till the Petitioners attain the age of 65 years in terms of Section 40(t) of Act 15 of 2019 on the Principle of Parity as per Annexure-C; (b) Direct the Respondents to extend the age of superannuation as provided under the UGC Regulation dated 18.07.2018 and further extend the benefit of the 7th Pay Commission Recommendation in terms of the Government Order dated 02.11.1017; (c) Direct the Respondents not to discriminate in the matters of appointment including extending the age of superannuation, and not to discriminate among the Classroom Teachers based on the place of working. The benefit |
158
| extended to University Classroom Teachers: under the Karnataka State University Act of 2000, and the same is to be made applicable to all the Classroom Teachers working in a College affiliated under the Karnataka State Universities Act of 2000 on the principle of parity. |
|
|---|---|
| (d) Direct the Respondents to continue services of the Petitioners till the Petitioners attain the age of 65 years and accord all consequential benefits and not to enforce any State law in this regard. (e) Declare that any Government Order issued by the State Government including the Clause 9 of Government Order Bearing no EO 483 E 2017 Bengaluru dated. 16.08.2019 (ANNEXURE M) as being void inoperative and the same is unenforceable in view the regulation framed under the Central Legislature which are binding on the Petitioners and Respondents. |
|
| 9. W.P.No.12373/2022 |
(a) Declare that, the age of retirement of the Petitioner should be enhanced from 62 years to 65 years and re-employment from 65 to 70 years as per the UGC Regulations, 2018 (Annexure P) and the Central Government order dated 23.03.2007 (Annexure-S) and 04.04.2007 (Annexure T) and also as per the GO dated 02.11.2017 (Annexure N), 30.06.2010 (Annexure Q) issued by the Ministry of Higher Education and also as per UGC regulations of 2018 dated 18.06.2018 (Annexure-P) and direct the Respondents to continue the services of the Petitioner upto the age of 65 years treating the age of superannuation as 65 years and not 62 years. (b) Declare that, the age of retirement provided by the state government is impliedly |
159
| repealed and taken away and the age of superannuation at 62 years is void_ab initio_ and declare that, the age of retirement of the Petitioner should be in terms of the letter of the Union of India dated 02.11.2017 (Annexure N) and in terms of the letter dated 31.12.2008 (Annexure R) and in accordance of the UGC regulations dated 18.06.2018 (Annexure P) should be enhanced from 62 years to 65 years and reemployment from 65 years to 70 years and grant all consequential benefits in terms of the UGC regulations of 2018 (Annexure P). (e) Direct the State Government respondents to incorporate the age of superannuation which was applicable to all the teachers in the Universities and Colleges as provided under the UGC regulations of 2018 and 2010 (Annexure P & R) and direct the Government to abide by the Regulations framed by UGC and extend the benefit of age of superannuation to the Petitioner. (f) Issue a writ of mandamus directing the respondents not to discriminate as regards the petitioner in the age of retirement and treat them on par with that of the teachers in the AICTE and National Medical Council of India including the State University teachers and teachers employed in Deemed Universities and extend the benefit of not relieving the services in the middle of the academic year to the Petitioner also. |
||
|---|---|---|
| 10. | W.P.No.9471/2022 | a) Issue a Writ of Mandamus directing the Respondents to continue the services of the Petitioner till the Petitioner attains the age of 65 years in terms of Section 40(t) of Act 15 of 2019 on the principle of parity. As the State Legislature has extended the age of teaching faculty of Maharani's Cluster University and |
160
| constituent Colleges, the similar benefit is also to be extended to Maharaja's College Universities and its Constituent colleges since both Maharani and Maharaja's Colleges were established in the year 1960 by the then Maharajas. b) Direct the Respondents to extend the age of superannuation as provided under the UGC Regulations dated 18.07.2018 and further extend the benefit of the 7thPay Commission recommendation in terms of the GO dated 02.11.2017. c) Direct the respondents not to discriminate in the matters of extending the age of superannuation, and not to discriminate among the Classroom Teachers based on the place of working. The benefit extended to University Classroom teachers under KSU Act 2000 and the same is to be made applicable to all the classroom teachers working in a college under the KSU Act 2000. d) Direct the Respondents to continue services of the Petitioners till the attainment the age of 65 year and accord all consequential benefits and not to enforce any State law in this regard. e) Declare that any G.O. issued by the State Government including the Clause 9 of the G.O. 16.03.2019 (Annexure-N) as void, inoperative and the same is unenforceable in view of the regulation framed under the Central Legislature which are binding on the Petitioner and Respondents. |
||
|---|---|---|
| 11. | W.P.No.13367/2022 | a) Issue a writ of mandamus directing the respondent to continue the services of the petitioner till the petitioner attains the age of 65 Years in terms of Section 40(t) of Act 15 of |
161
| 2019 Annexure-L on the principle of parity. As the State Legislature has extended the age of faculty of Maharani's Cluster University and constituent Colleges, the similar benefit is also to be extended to the Teachers of Mysore University. |
|---|
| b) Direct the respondents to extend the age of superannuation as provided under the UGC Regulation dated 18.07.2018 Annexure-J and further extend the benefit of the 7thPay Commission recommendation in terms of the Government Order dated 02.11.2017 Annexure-H. |
| c) Direct the respondents not to discriminate in the matters of extending the age of superannuation, and not to discriminate among the classroom teachers based on the place of working. The benefit extended to University Classroom teachers under the Karnataka State University Act of 2000, and the same is to be made applicable to all the Classroom Teachers working in a College affiliated under the Karnataka State Universities Act of 2000 on the principle of parity. |
| d) Direct the respondents to continue services of the petitioner till the petitioner attain the age of 65 Years and accord all consequential benefits and not to enforce any State law in this regard. |
| e) Declare that any Government Order issued by the State Government including the Clause 9 of the Government Order 16.03.2019 (Annexure-K) as void, inoperative and the same is unenforceable in view the regulation framed under the Central Legislature which are binding on the petitioner and the respondents. |
162
3. CONTENTIONS OF PARTIES:-
3.1. BATCH - I
RESTRICTING ENHANCEMENT OF AGE OF SUPERANNUATION FROM 60 YEARS TO 62 YEARS ONLY TO TEACHING COMMUNITY OF UNIVERSITIES DRAWING UGC PAY SCALES.
The validity of the Government Order No.ED 37 UNE 2009(P), Bangalore dated 15.10.2009, insofar as enhancement of age of superannuation of Teaching Community of Universities drawing UGC Scales from existing 60 Years to 62 Years, while continuing the age of superannuation for other Teaching Community to be 60 Years is called in question in this batch of Writ Petitions.
A. CONTENTIONS OF PETITIONERS:-
(i) In this batch of Writ Petitions, the petitioners
who belong to the Teaching Community other than the Government Colleges and Universities have assailed the increase in age of superannuation only to those staff of Universities/Government Colleges from 60 Years to 62
163
Years, while continuing the age of superannuation to 60 Years in other Educational Institutions.
(ii) It is contended that the revised UGC Pay Scale was extended to the Teaching Staff of even Government Aided Colleges but there was discrimination only as regards the age of superannuation and hence the petitioners have sought for parity in the age of superannuation as well.
(iii) The petitioners have contended that the appointment of Teaching Faculty both in the Universities and Government Colleges on one hand and Aided Colleges on the other hand was by the Government and the Service Conditions, Recruitment, Pay Scales, Increment and Academic Performance indicators for placement, are all governed by the UGC Guidelines which are uniform. Accordingly, it is contended that the disparity in age of superannuation was arbitrary.
(iv) All the Educational Institutions registered under Section 12B of the UGC Act, 1956 ought to be treated
164
similarly. Once the Grant is received from Central Government, uniformity is required to be maintained even as regards the staff of Government Aided Institutions which ought to be on par with the faculties in Government Institutions.
(v) In terms of UGC Regulations of 2010 and 2018, the entire Scheme of Revision of Pay Scale together with all conditions laid down by UGC and other Guidelines are required to be implemented for the State Government and Universities as a 'Composite Scheme' without any modification.
(vi) The Regulations passed by UGC cannot be treated only as recommendatory but must be construed as being mandatory.
(vii) The State of Karnataka having adopted the UGC Scheme, the UGC Regulations must be mandatorily implemented without any modification.
165
(viii) The provision of Rules under Article 309 of the Constitution of India are only temporary and are brought about to hold the field till provisions are made by or under an Act of the appropriate Legislature relating to the recruitment and conditions of service. Once the Regulations have been framed under the Central Act, same would be operative qua the Colleges/Institutions which would fall within the ambit of the said Regulations and the Rules framed under the Proviso to Article 309 of the Constitution of India would have to give way to the Regulations in case of any conflict.
(ix) The State Legislation being repugnant to the Central Legislation would be inoperative by virtue of Article 254(2) of the Constitution of India, as the State law encroaches upon Entry-66 of the Union List.
(x) The judgment in Kalyani Mathivanan v. K.V.Jeyaraj and Others1 ( Kalyani Mathivanan ) by the Apex Court clearly distinguishes between the States which
1 (2015) 6 SCC 363
166
adopt UGC Regulations and others and stipulates that the States which have adopted the UGC Regulations have to mandatorily follow them.
(xi) The petitioners claim that as regards Teachers employed in the Universities and Government Colleges, the age of superannuation is enhanced to 62 Years, while insofar as Affiliated Colleges, whether Aided or Unaided, the age of retirement being only 60 Years and accordingly is discriminatory and ought to be enhanced to 62 Years.
B. CONTENTIONS OF RESPONDENT - STATE
(i) The State Government has accepted only that
part of UGC recommendation with regard to the revision of UGC Pay Scales to the Teaching Community working in Government and Private Aided Colleges but the UGC recommendations insofar as superannuation is not accepted by the State Government.
(ii) Though UGC Pay Scales are applicable to the entirety of Teaching Community, other Service Conditions
167
like superannuation/retirement age, probationary period, pensionary benefits and the like are governed by the State Government Rules.
(iii) The Ministry of Human Resources Department (MHRD) has framed a Scheme for revision of Pay of Teachers and in view of the shortage of Teachers in Universities, the age of superannuation was enhanced to 65
Years. However, the State Government has made a provision for appointment of Guest Lecturers to bear the extra work load and accordingly, enhancing the age of superannuation is not required insofar as the Teaching Community of State Government/Universities are concerned.
(iv) In terms of Regulation 2.1.0 of UGC Regulations, 2010, Regulation 2.3.1 stipulates that revised Pay Scales and age of superannuation 'may' also be extended to the Universities, Colleges and other Higher Educational Institutions. There is no categorical direction issued to enhance the age of retirement to 65 Years and accordingly,
168
the State Government has not adopted the same as the same is essentially a policy decision of the State Government.
(v) The Division Bench of this Court in State of Karnataka and Others v. Dr.R.Halesha and Others2 (Dr.R.Halesha) has held that though the revision of Pay Scales prescribed by the UGC is mandatory, the enhancement of the age of superannuation was intended to be optional and only recommendatory and it is beyond the powers of the Court to issue a writ for its observance. This judgment of the Division Bench was upheld by the Apex Court while referring to the case of Jagdish Prasad Sharma and Others v. State of Bihar and Others3 (Jagdish Prasad Sharma). The Apex Court has held that the recommendations by the UGC need not be extended directly and it is left to the States to take a conscious decision on account of the financial implications and consequences attached to such decisions.
2 W.A.No.5670/2011 & W.A.Nos.15681-15687/2011 decided on 09.11.2011. 3 (2013) 8 SCC 633
169
(vi) The Teachers in Universities and Colleges under
the State Government are governed by a different set of Acts and Rules. The University Teachers are governed by the Karnataka State Universities Act, 2000 ('KSU Act, 2000') and the statutory Rules framed by the respective Universities, while the Government Colleges are governed by the respective Cadre and Recruitment Rules. The Teachers of Aided Institutions are governed by the Karnataka Education Act, 1983 ('KEA Act, 1983') read with the Karnataka Educational Institutions (Collegiate Education) Rules 2003 [KEI (Collegiate Rules) 2003].
(vii) The method of recruitment and the nature of employment are different for the above categories and accordingly, there is no parity with respect to the Staff working in State Government Colleges and Universities on the one hand and the Staff working in Government Aided Institutions on the other hand, which aspect has been rightly noticed in Dr.R.Halesha (supra).
170
(viii) The recommendation of UGC made in
Clause-8(f) of Appendix-I to UGC Regulations 2010 regarding the age of superannuation, is a matter to be decided by the State Government in light of financial burden which is a policy decision.
(ix) It is submitted that the age of superannuation is enhanced to 62 Years only in respect to Teaching Community of Universities drawing UGC Pay Scales and the age of superannuation of Teaching Community in Private Aided Colleges and Government Colleges would continue to be 60 Years.
3.2 BATCH - II
THE CLAIM OF PETITIONERS SEEKING ENHANCEMENT OF AGE OF SUPERANNUATION FROM 60 YEARS TO 65 YEARS AS REGARDS THOSE WHO ARE WORKING IN AIDED/AFFILIATED COLLEGES:-
A. CONTENTIONS OF PETITIONERS:-
(i) The petitioners are working as
Principal/Associate Professors in Colleges which are
171
affiliated to Universities (Affiliated to Bangalore University/Mysore University/Mangaluru University, Kuvempu University) and/or in Aided Institutions.
The petitioner in W.P.No.4089/2022, who is working in Aided College has sought for enhancement of age of superannuation from 62 Years to 65 Years, though his age of superannuation is 60 Years.
(ii) The petitioners contend that the age of superannuation and re-employment of staff working in Aided Colleges shall be as notified by the State Government in terms of the Government Order dated 16.03.2019 which must be in accordance with UGC and ICAR Notifications. As UGC Regulations of 18.07.2018 prescribes the age of superannuation as 65 Years, the same ought to prevail over the stipulations in the State laws.
(iii) In terms of letters of MHRD dated 23.03.2007, 04.04.2007 and 31.12.2009, the age of superannuation is
172
to be governed in terms with Clause-2.0 of UGC Regulation dated 18.07.2018.
(iv) After 18.07.2018, as no Rule is framed by the
State Government under Article 309 of the Constitution of India or under KEA Act, 1983 or in the amendment to KEI (Collegiate Education) Rules 2003, all Educational Institutions are governed by UGC Regulation dated 18.07.2018 and Clause-1.1 in the absence of statutory Rule governing the age of superannuation.
(v) The State Government while implementing UGC Regulations ought not to confine implementation only to Government Colleges/Universities, but must extend the same to Aided Institutions coming under the Department of Collegiate Education and accordingly, have to be governed by UGC Regulations of 18.07.2018.
(vi) The petitioners further claim that they are entitled
to claim the benefit of age of superannuation upto 65 Years in terms of Clause 2.0 of UGC Regulation dated 18.07.2018.
173
(vii) The petitioners claim the benefit of age of superannuation as prescribed by MHRD in its letters dated 23.03.2007, 04.04.2007, 30.06.2010 and 02.11.2017.
(viii) It is submitted that under Section 40(t) of the KSU Act 2000, the age of superannuation is governed by the University statutes and accordingly, the Universities ought to make statutes in consonance with UGC Regulations and the same legal logic is to be extended to the constituent Colleges.
(ix) Reliance is placed on the judgment of Apex Court in Jacob Thudipara v. State of Madhya Pradesh and Others4 (Jacob Thudipara) to contend that the teachers of Aided Colleges must be considered on par with the teachers in Government Colleges.
(x) The petitioners have also relied on the judgment in Gambhirdan K. Gadhvi v. State of Gujarat and
4 (2022) 7 SCC 764
174
Others5 (Gambhirdan) to contend that the Regulations of UGC would prevail over the State Legislature.
(xi) The petitioners contend that in terms of the Regulations of Central Government dated 02.11.2017, the implementation of age of superannuation is mandatory in terms of Clause-16(h), which provides that the Regulations and Guidelines shall be implemented by State Government and Universities as a 'Composite Scheme.'
(xii) In terms of the recommendation of 7th Pay Commission, the age of superannuation shall be 65 Years.
(xiii) In terms of the judgment of Apex Court in Kalyani Mathivanan (supra) , the State Legislations made under Entry-25 of List-3 must give way to the Central Legislation, i.e., UGC Act framed under Entry-66 of List-1 by way of Central Act being repugnant to the State Act.
5 (2022) 5 SCC 179
175
3.3. BATCH - III
THE CLAIM OF PETITIONERS WORKING AS PROFESSOR/ASSISTANT PROFESSOR IN UNIVERSITIES AND SEEK ENHANCEMENT OF THE AGE OF SUPERANNUATION FROM 62 YEARS TO 65 YEARS
A. CONTENTIONS OF PETITIONERS:-
(i) The petitioners state that, in terms of Section 40(t) of KSU Act, 20006 , as the superannuation benefit as per UGC Guidelines has been extended for Teachers who opted for Maharani Cluster University or Mandya Unitary University, they are also entitled for the same benefit.
(ii) It is submitted that they are entitled for enhanced age of superannuation in terms of UGC Regulations of 18.07.2018 and the extension of benefit of 7th Pay Commission recommendation in terms of MHRD's letter dated 02.11.2017.
(iii) The petitioners have assailed Clause-9 of Government Order dated 16.03.2019 whereby the State
6 Act 15 of 2019
176
Government has been conferred power to notify the age of superannuation as regards teachers in Government/Aided Colleges and Universities in the State.
(iv) The letters of MHRD dated 04.04.2007, 23.03.2007 and 31.12.2008 passed by the Central Government has extended the age of superannuation to 65 Years and the petitioners working in Universities seek for parity.
(v) It is the contention of petitioners that as regards all Universities registered under Section 12B of the UGC Act, the State Government cannot bind the University insofar as the conditions of service and the Universities must be left with liberty to determine the conditions of service by way of making statutes in terms of UGC Regulations.
(vi) Reliance has been placed on the judgments of Apex Court in Jacob Thudipara(supra) and NDMC v.
177
Dr.Ram Naresh Sharma7 (Dr.Ram Naresh Sharma) to contend that the classification between University Teachers vis-à-vis, lecturers in Cluster University is unintelligible.
(vii) In certain Universities like Bangalore University in light of reduced cadre strength, there is acute shortage of Teachers which has been taken note of in the 7th Pay Commission recommendation, wherein there is a recommendation to extend the age of superannuation from 62 Years to 65 Years and to consider re-employment till 70 Years and same benefit is to be extended to the University Teachers.
(viii) In the alternative, the petitioners claim that in terms of Clause-21.2 of statutes of Bangalore University and similar provision in the statute of Mysore University and Mangalore University, if a Teacher retires in the middle of Academic Year, such Teacher is entitled to continue till the end of the Academic Year.
7 Civil Appeal No.4578/2021
178
(ix) Other contentions which are raised is common in
the batch of Teachers seeking enhancement of age of superannuation from 60 Years to 62 Years and 60 Years to 65 Years, including that State Government has no discretion to reduce the age of superannuation and must implement the UGC Scheme in its entirety as a 'Composite Scheme'; that in the absence of State Government framing any Regulation in accordance with mandate of Clause-1.2 of UGC Regulation dated 18.07.2018, the UGC Regulations should apply; that the recommendations of 7th Pay Commission having been accepted by the University/MHRD in terms of its letter dated 02.11.2017, the same is binding on all the State Government Colleges, Universities and Deemed Universities.
(x) It is submitted that the Government Order dated 15.10.2009 enhancing the age of superannuation only as regards Teaching Community of Universities drawing UGC Scales from 60 Years to 62 Years is inconsistent with UGC Regulations.
179
B. CONTENTIONS OF RESPONDENT-UNIVERSITIES:-
(i) The Universities are bound by the orders issued
by the State Government and accordingly, in terms of Government Order of 16.10.2009, the age of
superannuation should be at 62 Years.
(ii) The recommendations of Pay Review Committee
would not be applicable, as the Universities constituted under the KSU Act, 2000 are funded by the Government of Karnataka and unless the Government resolves to adopt the Pay Review Committee recommendations insofar as the Universities are concerned, same cannot be extended.
(iii) In terms of the letter of MHRD dated 11.09.2019, the age of superannuation in Government/
Aided Colleges and Universities in the State shall be in accordance with the Rules and orders issued and notified by the State Government.
(iv) The letter dated 04.04.2007 issued by UGC enhancing the age of retirement from 62 Years to 65 Years
180
is only applicable to the Teaching positions in Centrally funded Institutions and not applicable to the Universities formed under the KSU Act, 2000 or the Affiliated Colleges.
(v) In terms of the Government Order dated 16.03.2019, as per Clause-9, the superannuation in Government/Aided Colleges and Universities shall be in accordance with the orders issued and notified by the State Government from time to time and accordingly, it is the prerogative of the Government of Karnataka to notify regarding the age of superannuation.
(vi) The continuation of service till the end of Academic Year where an employee attains superannuation in the middle of an Academic Year, is at the discretion of the administration concerned depending on the Rules of the concerned Department and the eligibility condition in terms of the letter of State Government addressed to the Universities dated 29.11.2011.
181
C. CONTENTIONS OF UGC:-
The respondent - UGC has contested by filing common statement of objections in W.P.No.11605/2021. Though W.P.No.11605/2021 is de-linked from the batches of Writ Petitions, the common statement of objections filed would hold good as regards the remaining Writ Petitions .
(i) The direction of Central Government under
Section 20 of the UGC Act is to be followed by the UGC and accordingly, UGC is bound by such directions.
(ii) As per the letter dated 14.08.2012, the Government of India through MHRD had issued a communication to all the State Education Secretaries stipulating that the conditions contained in the communication dated 31.12.2008 was relaxed as regards the States, while acknowledging that the age of superannuation is a policy matter of the State.
(iii) The condition of adoption of age of
superannuation as 65 Years as requisite for purpose of
182
getting Central Aid has been withdrawn by the Government
of India in terms of its communication dated 14.08.2012.
(iv) The communication of Central Government dated
02.11.2017 relating to the acceptance of 7th Central Pay Commission recommendations stipulates at para-12 that the existing provision of superannuation and re-employment would continue, meaning thereby, relaxation under the Government letter dated 14.08.2012 would continue.
(v) There is no automatic applicability of UGC
Regulations, unless the States seek to adopt the Scheme specifically.
(vi) The legal contentions raised by the petitioners is no more res integra , as the questions have already been decided and position is settled in terms of the judgments of this Court in Dr.R.Halesha (supra) , R.N.Bhaskar v. Union of India and Others8 (R.N.Bhaskar) , Dr.Chidananda P. Mansur v. Union of India and
8 W.P.No.10638/2021 a/w W.P.No.10628/2021 decided on 28.04.2022
183
Others9 (Dr.Chidananda P. Mansur) . Further, the Apex Court in the case of Jagdish Prasad Sharma (supra) and Dr.J.Vijayan and Others v. State of Kerala and Others10 (Dr.J.Vijayan) has reiterated the same position as noted above.
4. LEGISLATIVE AND EXECUTIVE FRAMEWORK:-
UGC/CENTRAL AND STATE GOVERNMENT NOTIFICATIONS:-
It provides for enhancement in age of superannuation
from 62 Years to 65 Years for Teaching positions in Centrally funded Institutions in Higher and Technical Education.
It also provides for reconsideration for re-employment
beyond 65 Years upto the age of 70 Years against the sanctioned posts, if such posts are not filled up by the regular candidates. Such re-employment is to be made
9 W.A.No.100198/2022 c/w W.P.No.101937/2022 decided on 01.06.2022
10 Civil Appeal No.5037/2022
184
after screening of staff as per the extant guidelines of the UGC.
The said letter contains the Scheme of Revision of Pay of Teachers and equivalent cadres in Universities and Colleges following the revision of Pay Scale of Central Government Employees on the basis of recommendations of Sixth Central Pay Commission. There is a direction regarding enhancement of age of superannuation except as regards Librarians and Directors of Physical Education from 62 Years To 65 Years.
4.3. UGC Notification dated 30.06.2010.-
"UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010."
(a) Clause 2.1.0 provides that the Revised Pay Scales and other service conditions including the age of
185
superannuation in Central Universities and other Institutions maintained and/or funding by the UGC shall be strictly in accordance with the decision of Central Government, MHRD.
(b) Clause-2.3.1 provides that the revised Scales of Pay and age of superannuation as provided in Clause - 2.1.0 may be extended to the Universities, Colleges and other Higher Educational Institutions coming under the purview of State Legislature and maintained by the State Government, subject to implementation of the Scheme as a composite one in adherence to the terms and conditions laid down in MHRD Notification dated 11.05.2010 with all conditions specified by the UGC.
In the said letter, the Central Government has relaxed certain conditions relating to adoption of the Scheme. The relevant extract is reproduced below:-
186
"2. Although this Scheme was essentially for Teachers in Central Universities, provisions of the Scheme could be made applicable by State Governments to State Universities and Colleges coming under the purview of the State Government, provided the State Governments adopt and implement the scheme as a composite scheme, including the enhanced age of superannuation and the regulations laid down by the UGC in this regard. The age of superannuation for teachers in Central Universities had been enhanced to 65 years vide this Ministry's letter No. 1-19/2006-U.II dated 23.03.2007, for those involved in classroom teaching.
3. xxx
4. After taking into consideration the views expressed by several State Education Ministers during the Conference held in 2010 the Central Government has now decided to de-link the condition of enhancement of age of superannuation from the payment of Central share of 80% arrears to the States.
5. Bearing in mind that the question of enhancement of age of retirement is exclusively within the domain of the policy making power of the State Governments, the issue of age of retirement has been left to the State Governments to decide at their level. The condition of enhancement of age of superannuation to 65 years as mentioned in this Ministry's letter dated 31.12.2008 may be treated as withdrawn, for the purpose of seeking reimbursement of central share of arrears to be paid to State University and College teachers. However, the others conditions as mentioned in the letters cited above shall continue to apply .
(emphasis supplied)
187
It provides for enhancement of age of superannuation
of the Teaching Staff of the Universities drawing UGC Scale.
It provides that the age of superannuation of Teachers and other equivalent cadres in the Government/Aided Colleges and Universities shall be in accordance with Rules/Orders issued and shall be regulated as notified by the State Government from time to time. Further, if the situation warrants, necessary steps may be taken to reemploy the academic staff with prior approval of the State and shall be in accordance with the conditions stipulated by UGC/ICAR from time to time.
Clause-12 provides that the existing provision on
superannuation and re-employment of Teachers shall continue.
188
4.8. UGC Notification dated 18.07.2018.-
"UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018".
It provides that Pay Scales as notified by Government of India from time to time will be adopted by UGC and the staff may be re-employed on contract basis beyond the age of superannuation, upto the age of 70 Years.
4.9. The proceedings of the meeting held on 29.10.2021 at 11.00 a.m. at Raj Bhavan, in the presence of His Excellency Governor and Chancellor of Universities in Karnataka to decide about the demands of the Association of Teachers. With regard to enhancement of superannuation from 62 Years to 65 Years, it was discussed and decided that the Government would take a suitable decision.
189
5. ANALYSIS:-
5.1 BATCH - I
"Whether the Government Order dated 15.10.2009 enhancing the age of superannuation to the Teaching Community of Universities drawing UGC Scales from 60 Years to 62 Years, while continuing the age of superannuation to other Teaching Community to be at 60 Years is valid in law?"
(i) The contention of petitioners that even those working in Affiliated Colleges are to be treated on par with the Teaching Community drawing UGC Scales cannot be accepted, as the Teaching Community of the Universities drawing UGC Pay Scales form a distinct class of employees vis-à-vis other Teaching Community staff.
(ii)(a) The Teachers in Universities insofar as their recruitment is concerned are governed by the provisions of KSU Act 2000 and are also subject to the directions of the State Government. The recruitment is normally done by
190
the Board of Appointment and Selection as approved by the Syndicate.
(ii)(b) Insofar as the Teachers of Aided Institutions, their recruitment would be governed by the KEA Act, 1983 read with KEI (Collegiate Education) Rules, 2003. The recruitment is normally on the basis of recommendation of Selection Committee comprising of Members nominated by the Management of the College, Department of Collegiate Education and University.
(ii)(c) As regards the Teachers in Government Colleges, they are governed by the provisions of the Karnataka Civil Services Act, 1978 as well as the Rules framed in that regard and selection was earlier done by Karnataka Public Service Commission and presently is on the basis of competitive examinations conducted by Karnataka Examination Authority.
(ii)(d) Accordingly, the method of recruitment in each
of the above categories is different and distinct as also the
191
conditions of service and the Teachers are governed by applicable legislations and there is no identical and uniform process of recruitment or conditions of service. This by itself would justify treating each of the categories as distinct and forming a separate Class which is categorized on the basis of differentia which is to be treated as intelligible in light of the distinctiveness pointed out above. In light of the same, having different age of superannuation for these distinct categories by itself cannot be assailed as being discriminatory.
Therefore, the method of recruitment and the administrative control of staff as regards the above categories being different, equating the said categories and seeking for uniform application of the UGC Regulations cannot be sought for.
(iii) The reliance on the judgment of Apex Court in Dr.Ram Naresh Sharma (supra) would not aid the petitioner, as the Apex Court has recorded a specific finding that Doctors in AYUSH and those under the Central Health
192
Scheme cannot be treated as separate categories, as both render service to patients and there was nothing to distinguish them. Accordingly, the Apex Court has held that the extended age of superannuation had to be extended to both the categories. However, in the present case, in light of the differences regarding service conditions, method of recruitment and applicability of different laws governing employees as pointed out in para-5.1(ii), clearly case is made out permitting the treatment of the Teaching Staff as separate and distinct categories and accordingly, extending the extended age of superannuation in one of the categories to all other categories cannot be insisted.
(iv)(a) This Court, in Dr.R.Halesha and Others v.
State of Karnataka and Others11 had issued a writ directing that the age of retirement of all Professors/Teachers in all Colleges in the State regardless of whether they are serving in Central Universities or Educational Institutions funded by Central Government/UGC
11 ILR 2011 KAR 4976 (W.P.Nos.13449-453/2011 dated 22.06.2011)
193
should be increased to 65 Years. The same was taken up in Writ Appeal12 in Dr.R.Halesha (supra) .
(iv)(b) The Division Bench13 took note of the law laid down by the Apex Court in B.Bharat Kumar and Others v. Osmania University and Others14 (B.Bharat Kumar), wherein the Apex Court at para-14 has observed as follows:-
"14. …Plain reading of all these is clear enough to suggest that the Scheme was voluntary and it was upto the State Government to accept or not to accept the Scheme. Again, even if the State Government accepted a part of the Scheme, it was not necessary that all the Scheme as it was, had to be accepted by the State Government. In fact, the subsequent developments suggest that the State Government has not chosen to accept the Scheme in full inasmuch as it has not accepted the suggestions on the part of the UGC to increase the age of superannuation."
12 W.A. No.5670/2011 & W.A.Nos.15676-15798/2011)
13 Dr.R.Halesha (supra)
14 (2007) 11 SCC 58
194
(iv)(c) The Division Bench15 has further observed at
para-16 as follows:-
"16. … once the Scheme suggested that it was left to the "wish" of the State Government, there will be no point in trying to assign the unnatural meaning to the word "wish". Similarly, there would be no point in going into the interpretation of the word "gamut" and to hold that once the State Government accepted a part of the Scheme, the whole Scheme had to be accepted by the same as such would, in our opinion, be an unnecessary exercise."
(iv)(d) The Division Bench has also noted that the Apex Court in B.Bharat Kumar (supra) had applied the law laid down in T.P.George v. State of Kerala16 (T.P.George) . The observations of Division Bench at para7 are as follows:-
"7. …
The contention of the appellant is that the State Government having accepted the UGC Scheme, and as the scheme provides for a
15 Dr.R.Halesha (supra)
16 (1992) Supp.(3) SCC 191.
195
higher age of 60 years, once the State Government accepted the scheme, all the clauses of the scheme became applicable. It is not possible to accede to this contention. Firstly, as already stated the UGC Scheme does not become applicable because of any statutory mandate making it obligatory for the Government and the Universities to follow the same. Therefore the State Government had the discretion either to accept or not to accept the scheme. In its discretion it has decided to accept the scheme, subject to the one condition, namely, insofar as the age of superannuation is concerned, they will not accept the fixation of higher age provided in the scheme. The State Government having thus accepted the scheme in the modified form, the teachers can only get the benefit which flows from the scheme to the extent to which it has been accepted by the State Government and the concerned Universities. The appellant cannot claim that major portion of the scheme having been accepted by the Government, they have no right not to accept the clause relating to fixation of higher age of superannuation. That is a matter between the State Government on the one hand and the University Grants Commission on the other,
196
which was provided certain benefits by the scheme. It is for the University Grants Commission to extend the benefit of the scheme or not to extend the benefit of the scheme, depending upon its satisfaction about the attitude taken by the State Government in the matter of implementing the same. That is a matter entirely between the State Government on the one hand and the University Grants Commission on the other. Teachers of the private institution concerned are governed by the statutes framed under the relevant statutory enactment. As long as the superannuation remains fixed at 55 years and as long as the State Government has not accepted the UGC's recommendation to fix the age of superannuation at 60 years, teachers cannot claim as a matter of right that they are entitled to retire on attaining the age of 60 years.”
(emphasis supplied)
(iv)(e) The Division Bench also took note of the
contention regarding observation made in para-8(f)17 , which provides that the age of superannuation for Teachers
17 letter of MHRD dated 31.12.2008
197
in Central Education Institutions having been enhanced to 65 Years, the Central Government had authorized the Central Universities vide letter dated 30.03.2007 to enhance the age of superannuation from 65 Years to 70 Years as regards Vice Chancellors.
(iv)(f) The Division Bench took note of Clause-(p)18 relating to applicability of the Scheme which provided that the Scheme would be applicable to Teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and the Colleges thereunder and the Institutions Deemed to be Universities whose maintenance expenditure was met by UGC.
(iv)(g) The Division Bench noted Clause-(v) of Clause(p)19 which reads as hereunder:-
"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
18 letter of MHRD dated 31.12.2008
19 letter of MHRD dated 31.12.2008
198
Scheme subject to the following terms and conditions....."
(iv)(h) The Division Bench noted that the Government of Karnataka, in its letter dated 31.12.2008 in terms of the Order No.ED 37 UNE 2009 (P), Bangalore dated 15.10.2009 had resolved as follows:-
" 10. Responding to the said letter dated 31.12.2008, the Government of Karnataka, in terms of its Order No. ED 37 UNE 2009 (P), Bangalore, dated: 15th October, 2009 passed the following Resolution:
“ PREAMBLE:
1) Government of India, vide its letter read above, has revised the pay scales of the teaching community of the Central Universities based on the recommendations of VI Central Pay Commission with effect from 01.01.2006. It is also decided to enhance the age of superannuation of teachers. Government of Karnataka has also examined this issue and has decided to enhance the age of superannuation from the existing 60 (sixty) to 62 (sixty two) years to the University teachers drawing UGC scales. Hence, this Government Order.
199
GOVERNMENT ORDER No. ED 37 JUNE, 2009, (P), BANGALORE, DATED 15TH OCTOBER, 2009
In the circumstances explained in the preamble, Government of Karnataka are pleased to enhance the age of superannuation of teaching community of Universities drawing UGC scales from the existing sixty years to sixty two years with immediate effect. In respect of other teaching community the age of superannuation shall continue to be 60 years only.”
(v) Thus, it becomes clear as rightly observed by the Division Bench20 that the decision of State Government was only to enhance the age of superannuation with respect to the community of Teachers in Universities who were entitled to UGC Scales, from existing 60 Years to 62 Years and the order dated 15.10.2009 clarifies that in respect of other Teaching Community, the age of superannuation shall continue to be 60 Years.
20 Dr.R.Halesha (supra)
200
(vi)(a) As regards the contention that UGC Scheme
has to be adopted as a "Composite Scheme", the Division Bench21 observed as follows:-
"11. ... We are unable to be persuaded that this mandates an increase in age of superannuation applicable not only to Central Universities and Institutions funded by the Central Government/UGC, but also to all other Colleges under the respective State Governments. As we see it, the commitment of the Central Government is only for reimbursement of 80% of the additional financial expenses of the State Governments which come into play upon the State Governments making necessary budgetary allocation for the remaining 20%. The Scheme dated 31.12.2008 as noted in paragraph 8(p) thereof specifies that it is compulsorily “applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges thereunder and the Institutions Deemed to be Universities whose maintenance expenditure is met by the UGC.” There is no dispute that these directions have been complied with by the State of Karnataka. The letter of the UGC dated 30.09.2010 addressed to the Registrar, Indian Law Institute, New Delhi has to be read in context and if so done,
21 Dr.R.Halesha (supra)
201
it would be manifestly clear that the statement that the UGC Regulations are mandatory in nature are in light of the fact that the Indian Law Institute, New Delhi is a Deemed University. Had it been a College under a University, the position would be appreciably different."
(vi)(b) The Division Bench has also observed at para-
13 as hereunder:-
"13. ...Furthermore, Clause-8(f) of the said Scheme dated 31.12.2008 also deals with “ age of superannuation ”; however, it is restricted once again to Central Educational Institutions. Thus, we are unable to locate the basis on which the opinion favoured by the Learned Single Judge can be predicated namely, that increase of age of superannuation has been made mandatory by the UGC for teachers of all the Universities and Colleges."
(vii) The Division Bench22 has concluded at para-18 as
follows:-
"18. ... We affirm the arguments of the Learned Additional Advocate General that whilst adherence to the revised pay-scales prescribed by the University Grant Commission is mandatory on all State
22Dr.R.Halesha (supra)
202
Governments, increase of age of superannuation was intendedly optional and only recommendatory. Therefore, whatever be the wisdom behind the reluctance of the Government of Karnataka for adherence to the suggested age of superannuation, it is beyond our province to issue a writ for its observance."
The order of the Division Bench23 came to be challenged before the Apex Court in SLP (Civil) No.21921/2013 and came to be dismissed.
(viii) It is necessary to note that the Division Bench24 had referred to the judgment in State of Bihar v. Prof.Dr.Jagdish Prasad Sharma25 , wherein it was held that Regulation relating to the age of superannuation of staff of Centrally funded Educational Institutions could not be extended to University Teachers as well. The said order of the Division Bench eventually came to be upheld by the
Apex Court in Jagdish Prasad Sharma26 . The observations made by the Apex Court are as follows:-
23 Dr.R.Halesha (supra)
24 Dr.R.Halesha (supra)
25 (2010) 3 PLJR 318,
26 (2013) 8 SCC 633
203
" 77. We are inclined to agree with such submission mainly because of the fact that in the amended provisions of Section 67(a) it has been categorically stated that the age of superannuation of nonteaching employees would be 62 years and, in no case, should the period of service of such nonteaching employees be extended beyond 62 years. A difference had been made in regard to the teaching faculty whose services could be extended up to 65 years in the manner laid down in the University Statutes. There is no ambiguity that the final decision to enhance the age of superannuation of teachers within a particular State would be that of the State itself. The right of the Commission to frame regulations having the force of law is admitted. However, the State Governments are also entitled to legislate with matters relating to education under List III Entry 25. So long as the State legislation did not encroach upon the jurisdiction of Parliament, the State legislation would obviously have primacy over any other law. If there was any legislation enacted by the Central Government under List III Entry 25, both would have to be treated on a par with each other [ Ed. : But see Articles 254(1) and 246 of the Constitution.] . In the absence of any such legislation by the Central Government under List III Entry 25, the regulations framed by way of delegated legislation have to yield
204
to the plenary jurisdiction of the State Government under List III Entry 25.
78. We are then faced with the situation where a composite scheme has been framed by UGC, whereby the Commission agreed to bear 80% of the expenses incurred by the State if such scheme was to be accepted, subject to the condition that the remaining 20% of the expense would be met by the State and that on and from 1-4-2010, the State Government would take over the entire burden and would also have enhanced the age of superannuation of teachers and other staff from 62 to 65 years. There being no compulsion to accept and/or adopt the said Scheme, the States are free to decide as to whether the Scheme would be adopted by them or not. In our view, there can be no automatic application of the recommendations made by the Commission, without any conscious decision being taken by the State in this regard, on account of the financial implications and other consequences attached to such a decision. The case of those petitioners who have claimed that they should be given the benefit of the Scheme dehors the responsibility attached thereto, must, therefore, fail."
(ix)(a) Insofar as the reliance of the petitioner on the
decision of Apex Court in R.S.Sohane v. State of Madhya
205
Pradesh and Others27 (R.S.Sohane), the judgment
cannot be held to be laying down a proposition that those Teaching Staff in Private Aided Educational Institutions are entitled to be treated on par with teaching staff of Government Colleges insofar as the age of superannuation is concerned.
(ix)(b) In fact, it is to be noted that in R.S.Sohane
(supra) , the Apex Court considered Clause-26 of Statute 28 (College Code) and the same reads as hereunder:-
"It was appropriate to maintain the age of superannuation of Principals, Teachers and Employees of Private Colleges on a par with the age of superannuation of Principals, Teachers and Employees of government colleges".
(ix)(c) In light of such stipulation, it was held that the State Government could not contend that they will not extend the benefit of enhancement of age of
27 (2019) 16 SCC 796
206
superannuation upto 65 Years even as regards the Teachers working in Private Aided Colleges.
(ix)(d) Accordingly, the enhanced age of superannuation of 65 Years was extended to the Teaching Staff of Private Aided Institutes as well, which was only in light of Clause-26 of Statute 28 (College Code). Hence, no general principle regarding the treatment on parity as regards Teachers in Government Institutions vis-à-vis those working in Private Aided Institutions can be stated to have been laid down in R.S.Sohane (supra).
(x) In Jacob Thudipara (supra) , the judgment was passed by Apex Court relying on the decision in R.S.Sohane (supra) and it is relevant to note that the case also arose from the State of Madhya Pradesh and relates to identical factual matrix where staff in Private Aided Educational Institution were claiming enhanced age of superannuation as was with respect to the Teaching Staff in Government Colleges.
207
Accordingly, as distinguished above, the Apex Court has not laid down any general principle which can be relied on by the petitioners.
(xi) Accordingly, the position is clear and it is for the State to take an appropriate decision as regards acceptance of the age of superannuation as provided for under the UGC Scheme.
(xii) It is also necessary to note that the age of retirement of Teaching Staff in Government Institutions is admittedly 60 Years. Rule 2528 of K.E.I. (Collegiate Education) Rules, 2003 provides that the age of retirement for employees in Private Educational Institutions receiving aid from the State Government shall be the same as those applicable for corresponding category of employees in Government Educational Institutions.
28 25. Qualification and conditions of service of employees :- The minimum qualification for recruitment, age of recruitment and retirement for employees in Private Educational Institutions receiving aid from the State Government shall be the same as those applicable for the corresponding category of employees in the Government Educational Institutions
208
If that were to be so, the Teaching Staff in Aided Private Educational Institutions will not be entitled to claim that the age of superannuation should be above 60 Years in light of K.E.I. (Collegiate Education) Rules, 2003.
5.2 BATCH - II AND III
"The common question that arises for consideration is whether the petitioners are entitled for enhancement in age of superannuation to 65 years?"
(i) The judgment of Apex Court in (Dr.J.Vijayan) (supra), the Government of Kerala by a Government Order dated 10.12.2010 had adopted and implemented the UGC Regulations 2010 and it was the grievance of the petitioners that despite such acceptance, the Government had failed to comply with the condition of enhancement of the retirement age. The petition came to be rejected and the appeal filed was also dismissed. The petitioners had challenged the said orders before the Apex Court. The Apex Court while referring to the judgment in Jagdish Prasad
209
Sharma (supra) concluded that there was no change in law after the judgment in Jagdish Prasad Sharma (supra). The Apex Court has made the following observations:-
29 Paras26 and 27 of Dr.J.Vijayan (supra)
30 Paras26 and 27 of Dr.J.Vijayan (supra)
210
approved as supporting the stand of State of Kerala and the relevant paragraphs are extracted below:-
"29. The Division Bench of the High Court also found that the State Governments had the discretion to accept the scheme proposed under the UGC Regulations relying on the judgment in Jagdish Prasad Sharma (supra) and in particular Paragraph 72, thereof. The Division Bench held:—
“ 14. It is in the light of the above authoritative pronouncement of the Apex Court, that the present contentions of the counsel for the appellants are required to be considered. The contention that the UGC Regulations were made in exercise of the power under Entry 66 List I Schedule VII of the Constitution, while the State enactments are made under Entry 25 List III Schedule VII and for the said reason, in the event of repugnancy, the Central enactment would prevail, has to fail for more reasons than one. In the first place, the State Laws prescribing the age of retirement of teachers are made in exercise of the power under Article 309 of the Constitution. The Apex
211
Court has found Jagdish Prasad Sharma (supra) that such enactments would remain unaffected by the stipulations contained in the UGC Regulations. Secondly, it has been further held by the Court in the said decision that the UGC does not have any power to stipulate the service conditions of teachers. Therefore, such power is vested entirely in the State. Thirdly, obviously in recognition of the above position of law the UGC Regulations have conferred a discretion on the State Governments to decide whether to implement the Regulations or not. In view of the conferment of the discretion as noted above, no question of repugnancy arises in these cases. Therefore, we do not think it necessary to consider the above contention in any further detail.
15. On the next contention that the Scheme under the UGC Regulations, 2010 has to be accepted in full as a composite one and that adoption of the Scheme without enhancing the retirement age of teachers was bad, we find that the said issue has been concluded by the Supreme Court. Though a similar contention was put forward in Jagdish Prasad Sharma (supra) with respect to the
212
Government Order dated 10.12.2010, the same did not find favour with the Court. The said Government Order evidenced herein as Ext. P10 in W.A. No. 854 of 2016 provides at paragraph 6 as follows”-
6 . Government are also pleased to order that where there are any provision in the Regulations inconsistent with the provisions in the G.O. read as 1st paper above, those provisions in the G.P. would override the provisions in the Regulations to the extent of such inconsistency.
Reference No. 1 in the said Government Order is to G.O.(P) NO. 58/2010/H. Edn. Dated 27.3.2010 (Ext.P8 in W.A. No. 854 of 2016). It is the said Government Order that is directed to prevail as per Clause 6 extracted above. It has been ordered by the said Government Order that the age of superannuation shall continue as at present. In the above context, it is necessary to notice that as per letter No. F.1-7/2010-U.II dated 14.08.2012 of the MHRD (a copy of which has been handed over to us by the Counsel in the Court), it has been clarified that the issue regarding age of retirement has been left to the
213
decision of the State Governments. Paragraph 5 that deals with the above aspect is extracted hereunder for convenience of reference:
5. Bearing in mind that the question of enhancement of age of retirement is exclusively within the domain of the policy making power of the State Governments, the issue of age of retirement has been left to the State Governments to decide at their level. The condition of enhancement of age of superannuation to 65 years as mentioned in this Ministry's letter dated 31.12.2008 may be treated as withdrawn, for the purpose of seeking reimbursement of central share of arrears to be paid to State University and College teachers. However, the other conditions as mentioned in the letter cited above shall continue to apply.
Though a contention has been put forward by the counsel for the Appellants that, the condition has been withdrawn for the purpose of seeking reimbursement of the central share of arrears alone, we are not prepared to accept the same in view of the opening sentence in the said clause which declares
214
in unambiguous terms that enhancement of age of retirement is exclusively within the domain of the powers of the State Government and that for the said reason, the issue of age of retirement has been left to the State Governments to decide at their level.
__*
17. In the view that we have taken above, we do not consider it necessary to refer to or discuss the other decisions on which reliance has been placed. The question of fixing the retirement age of teachers is essentially a matter of policy. The said policy would have to be adopted by the State Government taking into account a number of factors. As contended before us by the learned Additional Advocate General, the State of Kerala does not suffer from a dearth of qualified candidates to be appointed as teachers. There are a large number of qualified teachers, including Ph.D. Holders who are waiting for employment. They are persons trained in advanced methods of instruction and teaching techniques. At the same time, teachers like the appellants who are approaching retirement age are not persons who could be described as aged or infirm. They are in their prime of life, endowed with
215
the rich experience both in teaching as well as in guiding research projects. The wisdom of the decision to superannuate them at such a prime point of time in their lives is also questionable. A decision can be taken only by balancing both the above aspects as well as other relevant factors that may require to be taken into account. Such an informed decision would have to be taken by the law makers and not by courts. As at present, the UGC Regulations, 2010 cannot affect the State laws governing the age of superannuation. UGC Regulations have in recognition of the above position granted a discretion to the State to take a decision with respect to the manner of implementation of the Regulations. Accordingly, the State Government has decided not to enhance the age of retirement. We notice that, a similar claim for enhancement in retirement age has been considered by another Division Bench of this Court and rejected in Mathai M.M. v. Elizabeth Xavier (2011) 2 KLT 468. The said decision is also binding on us.”
216
and the same are extracted hereinbelow for
reference: -
“68. Another anxiety which is special to certain States, such as the States of Uttar Pradesh and Kerala, has also come to light during the hearing. In both the States, the problem is one of surplusage and providing an opportunity for others to enter into service. On behalf of the State of Kerala, it had been urged that there were a large number of educated unemployed youth, who are waiting to be appointed, but by retaining teachers beyond the age of 62 years, they were being denied such opportunity. As far as the State of U.P. is concerned, it is one of job expectancy, similar to that prevailing in Kerala. The State Governments of the said two States were, therefore, opposed to the adoption of the UGC Scheme, although, the same has not been made compulsorily applicable to the universities, colleges and other institutions under the control of the State authorities.
� It is concluded at para-31 that while affirming the
observations made in para-72 of Jagdish Prasad
217
Sharma (supra) that "State was not bound to accept or follow the UGC regulations" and the observations are as follows:-
"31. It is not understood how those paragraphs are of assistance to the Appellant. There is no finding in paragraph 68, but only discussion o f facts, which led to the decision, and paragraph 72 is clearly against the Appellants. This Court unequivocally held that the State was not bound to accept or follow the UGC Regulations."
(ii) This Court in Dr.Chidananda P. Mansur
(supra) while considering the Writ Appeal against the order of learned Single Judge whereby the direction to continue in service till the attainment of age of 65 Years in terms of the
age of retirement prescribed by UGC Regulations 2018, had been negatived. The observations made at Para-5 are as follows:-
"5. Having heard the learned counsel for the parties and having perused the case papers, we
218
decline indulgence in the matter for the following reasons:
a) The respondent-University is established under Section 3 of the University of Agricultural Sciences Act, 1963 (hereafter referred to as ‘the State Act’). Section 39 of the State Act provides for promulgating Statutes regulating the service conditions of employees of the University of Agricultural Sciences. Accordingly, the Statutes having been made and resolution having been passed, the age of 62 years admittedly, has been prescribed as the age of superannuation, in terms of the Government Order dated 28.10.2009. Accordingly, all employees of the University have been demitting their Office/Post on attaining the age of 62 years, although, with no demur.
b) UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (hereafter called as ‘UGC Regulations’), are promulgated under the provisions of Sections 14 & 26 of the University Grants Commission Act, 1956 (hereafter referred to as ‘the UGC Act’). In terms of UGC recommendation, the Central Government vide order dated 31.12.2008 extended the benefits of
219
Sixth Central Pay Commission Recommendation to the “Teachers in the Central Universities”. In fact, the very Preamble of the said Order specifically mentions this. One of these benefits is the enhanced age of retirement i.e., 65 years. Therefore, these benefits did not extend to the employees of the State Universities which are different from the Central ones. A similar order was issued on 02.11.2017. It does not ipso facto extend to the employees of the State Universities and therefore, a committee was constituted to look into the matter. The Committee at recommendation 12 recommends enhancement of the age of retirement from 62 years to 65. A recommendation of the kind per se is not justiciable and therefore no support can be drawn from the same by the appellant/petitioner, as rightly contended by the learned Government Advocate and the Panel Counsel.
c) The vehement contention of the learned Senior Counsel Laxminarayana that the UGC has prescribed 65 years as the age of superannuation and therefore the impugned statute of the University prescribing 62 years for retirement is liable to be voided, is bit difficult to countenance. This argument is structured on a wrong premise that the subject UGC Regulation and the University Statutes are in conflict with each other
220
and therefore, the former being the Central Law would override the later which is a State Law. True it is that when the Central Law occupies the a field in respect of an item in the Concurrent List, the State Law cannot operate as provided under Article 254 of the Constitution of India. However, the conflict can logically arise only if the Central Law is shown to impose a norm, with the no option whatsoever. That is not the case here. The UGC Letters dated 30.01.2018 and 31.01.2018 although extend the benefit of 7th Central Pay Commission Report do not much say about the enhancement of age of retirement from 62 years to 65 as being obligatory qua the State Universities of the kind. When option is given by the Central Law as to the age of superannuation, it is open to the State Universities to prescribe the age of retirement for its employees, in variance. In such a situation the doctrine of occupied field is not invocable.
d) The above view gains support from the following observations of the Apex Court in B.Bharat Kumar & others Vs. Osmania University & others (2007)11 SCC 58:
“16. Much debate was centered around the interpretation of the words ‘wish’ and ‘gamut’. In our opinion it is wholly unnecessary and we have merely mentioned the arguments for being
221
rejected. Once the scheme suggested that it was left to the “wish” of the Sate Government, there will be no point in trying to assign the unnatural meaning to the word ‘wish’. …”
“19. Learned counsel also argued, to a great extent, the desirability of the age of superannuation being raised to 60 or 62, as the case may be. We again reiterate that it is not for his Court to formulate a policy as to what the age of retirement should be as by doing so we would be trailing into the dangerous area of the wisdom of the legislation. If the State Government in its discretion, which is permissible to it under the scheme, decides to restrict the age and not increase it to 60, or as the case may be, 62, it was perfectly justified in doing so.”
“23. Further it is clear from the letter dated 27-7-1998 that it is expressly left to the discretion of the State Government to implement or not to implement the policy. Once there is no question of any conflict we do not think that would have the effect of overruling T.P. George.…”
The reliance of the appellant/petitioner on the decision of the Apex Court in Kalyani Mathivanan Vs. K,V Jeyaraj (2015)6 SCC 363 again does not
222
much come to his support. At paragraph 62.3, 62.4 & 62.5, it is observed as under:
“62.3. UGC Regulations, 2010 are mandatory to teachers and other academic staff in all the Central Universities and Colleges thereunder and the Institutions deemed to be Universities whose maintenance expenditure is met by the UGC.
62.4. UGC Regulations, 2010 is directory for the Universities, Colleges and other higher educational institutions under the purview of the State Legislation as the matter has been left to the State Government to adopt and implement the Scheme. Thus, UGC Regulations, 2010 is partly mandatory and is partly directory.
62.5. UGC Regulations, 2010 having not adopted by the State Tamil Nadu, the question of conflict between State Legislation and Statutes framed under Central Legislation does not arise. Once it is adopted by the State Government, the State Legislation to be amended appropriately. In such case also there shall be no conflict between the State Legislation and the Central Legislation.”
We are of the view that these observations far from supporting the case of the
223
appellant/petitioner, come to the rescue of the answering respondents.
e) Learned Panel counsel for the University is more than justified in heavily banking upon a Co-ordinate Bench decision in State of Karnataka Vs. Dr. R. Halesha and others, ILR 2012 KAR 545, wherein at paragraph 15 it is observed as under”
“15. … The UGC has taken the stand that the subject Directions are not mandatory so far as the increase of the age of superannuation to 65 years even in respect of Teachers in Colleges in the State. This also obviates and renders superfluous the interesting and intricate interplay between entries in the Union List and the Concurrent List of the Seventh Schedule to the Constitution of India.”
These observations were made in the light of the claim for enhancement of age of retirement from 62 years to 65 years by the employees of the Universities on the basis of UGC norms. After said decision, a learned Single Judge of this Court in more or less a similar fact matrix decided another case in W.P. No.103868/2018 between Dr. P.V. Kenchanagoudar Vs. The Principal Secretary and another disposed off on 22.06.2018. The claim of
224
the employees of the State Universities founded on UGC Regulations and Central Government Orders came to be negatived. The contention of the appellant/petitioner that these decisions of the Co-ordinate Bench and the learned Single Judge were structured on Sixth Pay Commission Recommendations and therefore not applicable to a case involving Seventh Pay Commission Recommendation is bit difficult to countenance, the differential being irrelevant to the issue debated before us.
f) The impugned Statute of the University prescribes the age of 60 years for superannuation of the employees. Earlier it was 58 years. It is the State Government which has prescribed the age of 62 years which the University has adopted. Thus, even if the impugned Statute is voided on the grounds urged herein, no purpose would be served. The fixation of age of retirement of Public Servants has a bearing on the State Exchequer and the employment opportunities for others. We are told at the Bar that there are thousands of employees in various Universities and in the constituent & affiliated Colleges. If the prayer, as sought for, is granted, all these employees would continue in the Office for an additional period of three years and eventually, there would be no vacancies for
225
fresh appointments. This is not desirable. At what age the Public Servants like teachers in the Universities/constituent colleges should retire is purely within the domain of the State Executive, which bears the expenditure towards salary, emoluments and terminal benefits. In matters like this, a host of financial & other factors enter the fray of decision making and Courts cannot readily venture interference therein, the worth of such factors not being assessable by judicially manageable standards. The UGC, in its wisdom, has left to the State Universities to prescribe the age of superannuation, as already mentioned above. That concession if at all that be, is not put in challenge by the appellant/petitioner. Whether it is prudent to retain old blood or to infuse fresh one is best left to the wisdom of the State Executive & the Universities. After all, “Old order changeth, yielding place to the new and God fulfills himself in many ways ……..” said Alfred Tennyson (1809- 1892).
(iii) It must be noticed that this Court31 had
specifically dealt with the contention that the earlier judgments relate to the 6th Pay Commission and would not
31 Chidananda P. Mansur (supra)
226
apply to a case involving the 7th Pay Commission, but has rejected such contention.
(iv) Insofar as the 7th Pay Commission is concerned,
the UGC has in its communication dated 30.01.2018, while clarifying regarding revision of pay, has observed that the Scheme relating to the recommendation of 7th Central Pay Commission would be subject to the guidelines issued by the Ministry of Finance (Department of Expenditure) vide OM No.1/1/2016-E.III(A) dated 13.01.2017.
(v) The communication of MHRD to UGC in the
context of revision of pay dated 02.11.2017 of teachers and equivalent cadres has observed at Clause 12 as follows:
" 12. Superannuation and Reemployment
The existing provisions on superannuation and reemployment of teachers shall continue."
(vi) No doubt, at Clause-16 of MHRD's letter dated 02.11.2017, while discussing the applicability of the Scheme, it is observed at Clause-16(iv)(h) that, if the
227
Scheme is sought to be extended to the Universities, Colleges and other Higher Educational Institutions coming under the purview of State Legislature; that the payment of central assistance for implementing the Scheme is subject to the condition that the entire Scheme along with all the conditions laid down by UGC by way of Regulations and other guidelines shall be implemented by the State Government and Universities and Colleges as a Composite Scheme without any modification, except in regard to the date of implementation. This communication of the Central Government dated 02.11.2017 is as per Clause-18 subject to the guidelines issued by the Ministry of Finance (Department of Expenditure) vide OM No.1/1/2016-E.III(A) dated 13.01.2017.
(vii) It is the contention of the petitioners that a cumulative reading of the letter of MHRD dated 02.11.2017 and UGC Regulations dated 30.06.2010 read with letter of MHRD dated 31.12.2008, the policy of the Central Government is that the age of superannuation shall be 65
228
Years which is mandatory. The earlier direction of Central Government through MHRD letter dated 14.08.2012 addressed to all the Educational Secretaries has at point No.4 observed that the condition of enhancement of age of superannuation would be de-linked from the condition of payment of central share of 80% arrears to the State as extracted supra at para-4.4. Such direction of the Government is to be construed to be a direction under Section 20 of the UGC Act32 and binding upon UGC.
(viii) No doubt, the communication of Central Government through MHRD letter dated 02.11.2017 does not refer to the letter of MHRD dated 14.08.2012, but observes at para-12 that the existing provisions on superannuation and re-employment of Teachers shall continue. If that were to be so, the earlier communication
- Directions by the Central Government (1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government.
(2) If any dispute arises between Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.
229
of MHRD dated 14.08.2012 also remains intact and in operation.
(ix) The only subsequent communication of UGC dated 30.01.2018 clarifies that it is subject to the guidelines issued by the Ministry of Finance dated 13.01.2017 and also refers to the communications of the Central Government dated 02.11.2017 and a combined reading will not have the effect of ignoring the communication of 14.08.2012 of MHRD which even otherwise is binding upon UGC as a direction under Section 20 of the UGC Act. Accordingly, the UGC Circular to the Vice Chancellors dated 30.01.2018 as well as UGC'c communication dated 31.01.2018 addressed to Education Secretaries of all the States cannot be construed as altering the earlier Government Regulations.
(x) It must be noted that there is a difference between conditions of service which is within the sole domain of the Government under Article 309 of the Constitution of India which is regulated by appropriate
230
Legislature on one hand and the requirement of adherence of Minimum Standards in terms of Section 26(g) of the UGC Act, which falls within the domain of UGC and would be subject to the directions of the Central Government under Section 20 of the UGC Act. The superannuation is a condition of service and would fall within the ambit of Article 309 of the Constitution of India till statutory provision is made by the appropriate Legislature. Such Rules would have statutory force. Wherever the age of superannuation is contained in either (a) KCSR insofar as employees of the Government, (b) Provisions of Karnataka Education Act, 1983 insofar as the employees of Aided and Unaided Institutions, (c) Acts of the University, Statutes of the University, (d) Rules/Byelaws of Private Educational Institutions which are not Aided, but affiliated to the University where such Byelaws are framed under the authority of the Universities Act/statutes, the same would prevail. Accordingly, the above would hold the field insofar as superannuation is concerned.
231
(xi) As regards maintenance of standards [Section 26(g) of UGC Act], qualification that is required for any person to be appointed to the Teaching Staff [Section 26(e) of UGC Act], the power is vested with the UGC to make Regulations consistent with Act and Rules.
(xii) The aspect of prescribing qualifications fall within the domain of maintenance of standards which has nothing to do with the aspect of superannuation that falls within Article 309 of Constitution of India and operates in a separate sphere.
(xiii) The Apex Court in Professor (Dr.) Sreejith P.S. v. Dr. Rajasree M.S. & Ors33 while considering the appointment of Vice Chancellor, has held that the prescription regarding qualification for appointments under the UGC Regulations would prevail over the diluted qualifications provided under the State Legislation. It is further held that as a subject “Education” is contained in
33 CIVIL APPEAL NOS. 7634-7635 OF 2022
232
the Concurrent List of the Seventh Schedule, the UGC Regulations enacted in exercise of power under Clause (e) and (g) of sub-section (1) of Section 26 of UGC Act as well as SPU Act of 1955 would be traceable to power under the entry “Education” in the Concurrent List and in case of conflict of both the Acts, in light principle of repugnancy under Article 254 of the Constitution of India and under Article 254 (1) of the Constitution of India, the Central Act i.e., the UGC Act would prevail. This judgment follows the same line of cases including that of Kalyani Mathivanan (supra), Gambhirdan (supra) and State of West Bengal Vs. Anindya Sundar Das & Ors.34 However, it must be noted that all the cases referred to above are relatable to qualification of appointment of Vice-Chancellor and such qualification no doubt relates to recruitment, but still would fall outside the purview of Article 309 of the Constitution of India which deals with the conditions of Service, which would include the age of superannuation.
34 Civil Appeal No. 6706 of 2022
233
(xiv) As already held, superannuation has noting to do with qualification and being a condition of service would fall within the ambit of Article 309 of the Constitution of India and accordingly, the Rules/statutory provision under Article 309 of the Constitution of India would prevail over the UGC Regulation that may fall under “Education" in the Concurrent List.
i) Insofar as the petitioners who have continued to work by virtue of interim orders granted by this Court, their continuance till date is to be treated as continuance on re-employment basis in terms of the applicable Rules, University Statutes and Government Orders as are applicable and are entitled to emoluments on such re-employment terms and will not
234
be entitled to remuneration paid to the regular employees.
ii) The question of adjudication relating to re-employment after superannuation and passing direction as regards such aspect does not arise and is a matter to be adjudicated separately if there is any case of legally addressable grievance that may arise post superannuation.
iii) In all the cases dealt with, the continuance till date by virtue of interim orders cannot be treated to be a dispute relating to re-employment requiring passing of directions.
iv) After having attained the age of superannuation, it is an aspect of reemployment by the employer subject to fulfillment of conditions as are stipulated in
235
the applicable Rules/Government Orders/Regulations as the case may be. It is clarified that there cannot be automatic extension of tenure and the extension is on the basis of conscious decision of the employer in light of the applicable Rules.
Sd/JUDGE
VGR
3 issues framed by the court
Whether the State Government has discretion to fix the age of superannuation for university and college teachers at 60 or 62 years despite UGC recommendations for 65 years.
Whether UGC Regulations mandating an age of superannuation of 65 years are binding on State Universities and aided colleges.
Whether the enhancement of retirement age from 62 to 65 years for university staff can be extended to aided college teachers by judicial interference.
Colour shows how this judgement treated each authority
Kalyani Mathivanan v. K.V.Jayaraj and OthersReferred¶1290
Kalyani Mathivanan v. K.V.Jayaraj and Others
State of Karnataka and Others v. Dr.R.Halesha and OthersRelied on¶1459
State of Karnataka and Others v. Dr.R.Halesha and Others
B.Bharat Kumar and Others v. Osmania University and OthersRelied on¶1464
B.Bharat Kumar and Others v. Osmania University and Others
T.P.George v. State of KeralaRelied on¶1474
T.P.George v. State of Kerala
Jagdish Prasad Sharma and Others v. State of Bihar and OthersRelied on¶1306
Jagdish Prasad Sharma and Others v. State of Bihar and Others
Dr. Ram Naresh SharmaRelied on¶1357
Dr.Ram Naresh Sharma
Dr. J. Vijayan and Others v. State of Kerala and OthersRelied on¶1396
Dr.J.Vijayan and Others v. State of Kerala and Others
Jacob Thudipara v. State of Madhya Pradesh and OthersRelied on¶1336
Jacob Thudipara v. State of Madhya Pradesh and Others
R. S. Sohane v. State of Madhya Pradesh and OthersRelied on¶1293
R.S.Sohane v. State of Madhya Pradesh and Others
Varying petitioner employees (teaching staff)
University Grants Commission
State of Karnataka
Commissioner for Collegiate Education in Karnataka
Principles/Syndicates of Respondent Universities
S. SUNIL DUTT YADAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
