Appeal against dismissal of application seeking to withdraw voluntary retirement. Court held that a Principal without a Ph.D must retire at 62 per UGC norms and Adarsh Scheme; continuance till 65 is only for Ph.D holders.
Appeal dismissed; appellant required to retire at age of 62 years as he does not possess required Ph.D qualification.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.305 of 2023 In
Civil Writ Jurisdiction Case No.38 of 2022
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Hareramacharya Son of Late Ramchandra Sharma, Resident of VillageSharwanichak, Police Station- Masaurhi, District- Patna (wrongly mentioned in the Aadhar Card, Son of Ramchandra Sharma, Village- Hulasganj, Police Station- Hulasganj, District- Jehanabad).
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Manan Kumar Mishra, Senior Advocate Mr. Lakshmi Kant Sharma, Advocate For the Respondent nos. 1 to 3, 5 & 6 : Dr. K. N. Singh, Addl. Solicitor General For the respondent No. 4 & 7. : Mr. P.K.Shahi, Senior Advocate
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
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Date : 05-07-2023
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desire to retire voluntarily. As per the appellant’s case, the said application for voluntary retirement was withdrawn by his other letter dated 14.11.2021 wherein the appellant expressed his willingness to work till the age of 65 years. The Registrar-cumIn charge of the University wrote a letter dated 16.11.2021 to the Chairman of the Managing Committee forwarding the application of the appellant date 14.11.2021 for withdrawal of his application for voluntary retirement. However, the respondents continued to sit over the mater and neither any decision was taken nor communicated to him.
“That, the petitioner is invoking writ jurisdiction of this Hon'ble Court for issuance of appropriate writ(s), order(s), direction(s) commanding the respondent authorities to accept the withdrawal of his earlier request for voluntary retirement.
The petitioner further seeks relief that he should be allowed to function as Principal till date of his superannuation i.e. after completion of 65 years of age and any other relief/reliefs for which petitioner is found entitled too in the facts and circumstances of the case”
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of the respondent no.7 was also filed in the appeal.
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appeal.
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the appellant was approved by the Managing Committee in its meeting held on 30.11.2021 and the minutes of the said meeting dated 30.11.2021 was approved by the Managing Committee in its meeting held on 21.12.2021.
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superannuation of a teaching staff is 65 years. It was further submitted that no distinction has been made between teachers working in the College, in the University and others and as per the extant regulations of the UGC, which was applicable at the relevant time also, no Ph.D is required to hold the post of Principal. The appellant not having been allowed to assume his duties in the capacity of a teacher in the College on the ground of his having attained the age of 62 years is illegal and arbitrary. It was further submitted that the Principal is a teaching staff and as per UGC Regulation, the age of superannuation is 65 years and the State Government has adopted the conditions off the UGC and irrespective of qualification all teachers are continued till 65 years. The learned Single Judge had travelled beyond the prayer made in the writ application and thus the order impugned was bad in law as also on facts.
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petitioner for voluntary retirement and letter for withdrawal of his application for voluntary retirement were both received in the office of the Registrar and forwarded to the Managing Committee to take a decision in the matter. It was submitted that the College in question is affiliated to the University and the age of retirement as per bye laws of the College is 62 years. It was finally submitted that there is no merit in the writ application and the same be dismissed. It is also submitted that he has been instructed to submit that as far as Adarsh Mahavidyalays/Adarsh Shodh Sansthan, as per the Ayush scheme of 2012, the continuance of teachers beyond 62 years, is confined to those who have the qualifications as required by the UGC.
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Principal on 13.11.2021. It was further submitted that the College in question gets affiliation from the Central Sanskrit University and the UGC Regulations are also applicable. The Regulations clearly provide that the non-Ph.D Principal of the College shall retire at the age of 62 years. As such the appellant was rightly retired. There being no merit in the appeal, the same be dismissed.
“……………………………. Clause 7 of Adarsh Scheme-1993 Guidelines to Management Committee of Adarsh Mahavidyalaya/Shodha Sansthan regarding conditions governing the Sanskrit services of Teaching/non-teaching staff, the following provision is given in regard of Retirement:-
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7. Retirement:
The age of retirement for teaching and nonteaching staff shall be such as is applicable to corresponding staff employed in Graduate/Post Graduate degree college run by respective State Government. The retirement will take effect from the afternoon of the last day of the month in which the employee attains the age of retirement.”
2012 and the service conditions of the regular employees are governed by the provisions of the revised Adarsh Scheme, 2012. Clause 62 of the revised scheme which deals with the age of the retirement of the teaching staff is reproduced hereinbelow for ready reference:-
Revised Adarsh Scheme, 2012 .
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retire as per the previous scheme. The relevant UGC Regulations for superannuation and reemployment of teachers, which has been quoted and relied upon by the learned Single Judge, is also quoted hereinbelow for ready reference:-
“ 16.0.0 superannuation and re-employment of teachers
16.1.0. Teachers will retire at the age of 62. However, it is open to a University or a college to re-employ a superannuated teacher according to the existing guidelines framed by the UGC up to the age of 65 years.
16.2.0 Age of retirement of Registrars, Librarians, Physical Education personnel, Controllers of Examinations, Finance Officers and such other University employees who are being treated at par with the teachers and whose age of superannuation was 60 years, would be 62 years. No re-employment facility is recommended for the Registrars. Librarians and Directors of Physical Education.
17.0.0 Superannuation Benefits
17.1.0 The benefit in service, up to a maximum 3 years, should be provided for the teachers who have acquired Ph.D. degree at the time of entry, so that, almost all teachers get full retirement benefits which are available after 33 years of service, subject to the overall age of superannuation.
17.2.0 other conditions with respect to Superannuation Benefits may be given as per Central/State Government Rules.”
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contained the following :
“ (f) Age of Superannuation:
(i) In order to meet the situation arising out of shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teachers in Central Educational Institutions has already been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.119/2006-U.ll dated 23.3.2007, for those involved in class room teaching in order to attract eligible persons to the leaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education DO. letter No. F.1-24/2006-Desk(U) dated 30.3.2007 to enhance the age of superannuation of Vice-Chancellors of Central Universities from sixty five to seventy years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities). (ii) Subject to availability of vacant positions and fitness, teachers shall also be reemployed on contract appointment beyond the age of sixty five years up to the age of seventy years. Re-
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employment beyond the age of superannuation shall, however, be done selectively, for a limited period of three years in the first instance and then for another further period of two years purely on the basis of merit, experience, area of specialization and peer group review and only against available vacant positions without affecting selection or promotion prospects of eligible teachers.
(ii) Whereas the enhancement of the age of superannuation for teachers engaged in class room teaching is intended to attract eligible persons to a career in teaching and to meet the shortage of teachers by retaining teachers in service for a longer period, and whereas there is no shortage in the categories of Librarians and Directors of Physical Education, the increase in the age of superannuation from the present sixty two years shall not be available to the categories of Librarians and Directors of Physical Education.”
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acquired Ph.D while in service and before their entry in service. Earlier only teachers who were Ph.D holders at the time of their entry into service were permitted continuance in service upto 65 years; an additional three years to ensure that they are entitled to full pension. By the above extract all teachers who had Ph.D were entitled to be continued. While the earlier stipulation was teacher centric, the present one was student centric or education centric; to ensure better teaching facilities by experienced and qualified teachers. We also cannot accept the argument advanced based on the system followed by the State in its Universities and the Colleges under them. Here the institution is under the Central Government and regulated by the Adarsh Scheme, which clearly stipulates retirement to be under the UGC Scheme.
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material on record, the Revised Adarsh Scheme, the provisions which governed the retirement age and qualification etc. of the employees and the relevant UGC Regulations, the learned Single Judge rightly came to the conclusion that the appellant having attained the age of 62 years would be treated to have superannuated and inspite of the finding of the Court that the action of the respondents in accepting the application of the appellant for voluntary retirement was bad in law, nevertheless no relief can be granted to the appellant. The Court finds no illegality in the order of the learned Single Judge.
( Partha Sarthy, J)
I agree
K. Vinod Chandran, CJ
(K. Vinod Chandran, CJ)
Bibhash
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3 issues framed by the court
Whether an adarsh sanskrit mahavidyalaya principal without a Ph.D degree can be required to retire at 65 years instead of 62 years.
Whether the requirement of a Ph.D degree as a mandatory qualification for Principal post affects the retirement age under UGC regulations.
Whether the appellant was correctly dismissed for superannuation upon attaining the age of 62 years without a Ph.D degree.
Hareramacharya Son of Late Ramchandra Sharma
The Union of India through Secretary, Ministry of Human Resources Development
Vice-Chancellor, Central Sanskrit University
The Registrar, Central Sanskrit University
The Managing Committee through its Chairman
The Deputy Secretary, Ministry of Education
Partha Sarthy
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
