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2005 DIGILAW 110 (GAU)

Ramakanta Dutta v. State of Assam

2005-02-08

P.G.AGARWAL

body2005
JUDGMENT P.G Agarwal, J. 1. All these three writ petitions were heard together and disposed of by this common order. 2. Heard Mr. A. Dasgupta, learned Counsel for the Petitioners and the learned Government Advocate for the State. 3. The three Petitioners before us are all college teachers serving in various colleges in the State of Assam. For the purpose of appreciation we may refer to the facts in W.P. (C) No. 969 of 1990. The Petitioner Sri Ramakanta Dutta is a lecturer in Physics in Tinsukia College, Assam, which is a deficit grants-in-aid college. The grievance of the Petitioner in this writ petition is in respect of non-implementation of the guidelines/directions of the University Grants Commission (for short the UGC) in the matter of retirement age of college teachers. After the recommendation of the fixation of pay by the Fifth Central Pay Commission, the UGC recommended a revised pay of different categories of teachers under the Universities and the colleges thereunder. The said recommendation inter alia provided that the age of retirement of college teachers would be at the age of 62 years. The said recommendations were accepted by the Central Government who communicated the same to the State/Union Territories vide their notification dated 27.7.1998. So far the fixation of pay is concerned, the Petitioners have not approached this Court in the present writ petitions. The sole grievance is regarding the age of retirement. The State of Assam, however, in violation of the UGC directions have fixed the age of retirement of college teachers at 60 years and according to the Petitioner it was a composite scheme and the directions were mandatory which the State Government was bound to follow. The Petitioners have, therefore, prayed for a direction to the State of Assam to implement the UGC notification fixing the age of superannuation at 62 years. 4. The Respondent State has not filed any affidavit-in-opposition. The learned Government Advocate has, however, submitted that the recommendations of the UGC are not binding on the State Government and the State Government is at liberty to fix the age of superannuation keeping in view the special circumstances available in the State. The State Government had taken policy decision to provide for retirement age of college teacher at 60 years and as such no interference is called for in this writ petitions. The State Government had taken policy decision to provide for retirement age of college teacher at 60 years and as such no interference is called for in this writ petitions. It has also been submitted that the UGC grant is not subject to the above guidelines and the State Government is not bound to accept all the recommendations. 5. The question that arises for consideration is whether the above circular containing the stipulation regarding the age of retirement of college teachers can be said to be a directive under Section 21 of the UGC Act. The question of the UGC regulation and the notification regarding qualification provided for appointment of college teachers was considered in the case of University of Delhi v. Raj Singh1993 (Supp) 3 SCC 516 and the Apex Court has held that the recommendations of the UGC are recommendatory and does not impinge upon the University's powers to select teachers. In case the University fails to satisfy the UGC it may forfeit its grant from the UGC but that cannot take away the University's autonomy to lay down its own guidelines. 6. Upon consideration of the letters issued we have no hesitation whatsoever to hold that the above modification is recommendatory in nature and the State Government is not bound to adopt the same in ditto. The State Government is at liberty to take a conscious decision in the light of the recommendations and we find that the State of Assam has taken a decision fixing the age of retirement of college teachers at the age of 60 years. We are, therefore, of the view that no direction to the State of Assam to provide the retirement age at 62 years for college teachers can be issued. 7. In the result these writ petitions are dismissed. Costs easy. Petition dismissed.