Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges

The Karnataka High Court has dismissed a batch of petitions filed by lecturers, principals and associate professors working in affiliated colleges, aided and unaided by the state government, for enhancement of the age of superannuation from present 60 years to 65 years.A single judge bench of Justice Sunil Dutt Yadav said 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.“The method of recruitment in each of the categories is different and distinct as also the 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 categorised on the basis of differentia which is to be treated as intelligible in light of the distinctiveness pointed out above,” said the court.The court said the different age of superannuation for these distinct categories by itself cannot be assailed as being discriminatory.The court gave the ruling while dismissing a batch of petitions questioning the government order dated 15.10.2009, by which the state enhanced the age of superannuation of the Teaching Community of Universities drawing UGC Scales from 60 Years to 62 Years. It was contended that “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.” “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. Thus the disparity in age of superannuation is arbitrary,” the petitioner contended.It was also submitted that all the Educational Institutions registered under Section 12B of the UGC Act, 1956 ought to be treated similarly. “The State of Karnataka having adopted the UGC Scheme, the UGC Regulations must be mandatorily implemented without any modification,” it was said. The State government opposed the plea saying that it 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 has not been accepted.Further, it was said though UGC Pay Scales are applicable to the entirety of Teaching Community, other Service Conditions like superannuation/retirement age, probationary period, pensionary benefits and the like are governed by the State Government Rules. It was also submitted that since the State Government has made a provision for appointment of Guest Lecturers to bear the extra workload, enhancing the age of superannuation is not required insofar as the Teaching Community of State Government/Universities are concerned.Reliance was placed on the judgment of the High Court in the case of State of Karnataka and Others v. Dr.R.Halesha and Others (Dr.R.Halesha) decided on 09.11.2011, wherein the court held that 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. The bench on going through the records and after analysing the judgments of the Apex court and other high courts relied by the petitioners held that 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.As regards the other contention of the petitioners that they are entitled for enhancement in age of superannuation to 65 years, the petitioners mainly relied on the communication of the Ministry of Human Resources Development to UGC, in the context of revision of pay dated 02.11.2017 of teachers and equivalent cadres. In the communication it was said that if the scheme is sought to be extended to the Universities, Colleges and other Higher Educational Institutions coming under the purview of State Legislature, 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...

Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges

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