Tuesday, June 28, 2011

College teachers on UGC pay scale to retire at 65 years : Karnataka High Court


The college teachers on the University Grants Commission (UGC) pay scale had reasons to be delighted with the Karnataka High Court on Wednesday. The court held that their age of retirement will have to be enhanced to 65 as per the UGC Regulations, 2010.
While quashing the State government's orders, which had fixed retirement age between 60 and 62, the High Court said that “the denial of the enhancement of the age of superannuation to teachers, working in the government and aided, affiliated colleges, drawing UGC scale of pay, are repugnant to the UGC Act and the Regulations and hence is void.”

SEEKING ENHANCEMENT

Justice Ananda Byrareddy delivered the verdict on a batch of petitions filed by H. Halesh, Associate Professor, SJR College of Science, Bangalore, M. Albina, Principal, Mount Carmel College, Bangalore, and several others seeking extension of terms of the UGC (minimum qualification of teachers and other academic staff in universities and colleges, and other measures for maintenance of standard of higher education) Regulations 2010.
This regulation had enhanced the age of superannuation to 65 but the State government had extended the age of superannuation only up to 62 though it revised the pay scale as per UGC Regulations.
“The scheme framed by the Government of India, vide letter dated December 31, 2008, provides for a common revision of pay scale of teachers of universities and colleges (affiliated or constituent) established under the Central, State or Provincial Acts with enhancement of age of superannuation to 65.

UNDER THE ACT

The said scheme has been incorporated as part and parcel of UGC Regulations 2010.
The said regulation is framed in exercise of power under the UGC Act and would hence override any executive Government Orders issued contrary to it,” the court held.

TO CONTINUE IN SERVICE

The court said that the petitioner-teachers shall continue in service in the posts held by them as on the date of petitions or immediately prior thereto, till they attain the age of superannuation of 65, in accordance with UGC Regulations with all consequential benefits.

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