State
of Uttar Pradesh & Ors Vs. Dr. Ramesh Prasad
[1996] INSC 45 (11
January 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 SCC (7) 385 JT 1996 (2) 393 1996 SCALE (1)654
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
Though
notice was sent to the respondent on September 10, 1993 in usual course, till date the
report of the service of notice has not been sent nor the acknowledgement
received. Under these circumstances, the notice must be deemed to have been
served on the respondent.
The
only controversy in this case is whether the respondent-teacher imparting
teaching in Moti Lal Nehru , Medical College, Agra is entitled to remain in service till he attains the age of
superannuation of 60 years. Making such a claim, the respondent filed a writ
petition in the High Court. The High Court even without considering the
relevant provisions had directed the State Government in the impugned order
dated December 21, 1990 in CMWP No.33277/90 to continue the
respondent in service till he attains the age of superannuation of 60 years
virtually allowing the writ petition. Calling this order in question, the above
appeal by special leave has been filed. We have directed the learned counsel to
place before us the relevant Rules.
Section
2(18) of the U.P. State University Act, 1973 (for short, 'the Act') defines the
teacher. The Section reads thus:
"2(18).
'teacher' means a person employed for imparting instruction or guiding or
conducting research in the University or in an Institute or in a constituent
affiliated or associated college and includes a Principal or Director."
University Teacher has been defined in Section 2(19) of the Act which reads as
under:
2(19)
'teacher of the University' means a teacher employed by the University for
imparting instruction and guiding or conducting research either in the
University or in an Institute or in constituent college maintained by the
University." By exercising the power under Section 49(d) of the Act, the
State Government had framed the statutes and statute 16.24 prescribes
superannuation of 60 years for the teachers of the University. Under statute
17.01, it is stated that the provisions of the Chapter shall not apply to
teachers of any college exclusively maintained by the State Government or Local
Authority.
Under
Regulation 459 of U.P. Civil Services Regulations, the date of compulsory
retirement of a Government servant (in other words superannuation) is such as
may from time to time be prescribed therefore in the Financial Hand Book, Vol.II.
In Fundamental Rule 56(a) contained in the U.P. Financial Handbooks Vol.II to
IV, it is provided thus:
"56(a).
Except as otherwise provided in other clauses of this rules the date of
compulsory retirement of a Government servant, other than a Government servant
in inferior services, is the date on which he attains the age of 58 years. He
may be retained in service after the date of compulsory retirement with the
sanction of the Government on public grounds, which must not be retained after
the age of 60 years except in very special circumstances." Regulation 520
of the U.P. Civil Services Regulations also envisages that an officer who is in
receipt of a superannuation or retiring pension shall not be re-employed or
continue to be employed in service paid from general revenues or from a local
fund, except on public grounds.
Extension
or re-employment on extension of the terms of employment may be given under the
circumstances enumerated thereunder, which read as under:
(i) By
the Government of India in the Administrative Department concerned, when the
pensioner served before retirement of a Gazetted appointment directly under the
Government of India or belonged to an Imperial Service or Imperial Branch of
any Service, or was an officer, who before retirement, has a post usually filled
by officers of an Imperial Service or Branch;
(ii)
In other cases, by the State Government under whose administration the
pensioner is re-employed;
(iii)
By any authority, subordinate to a State Government, when the State Government
may delegate its powers under this article in respect of pensioner re- employed
in establishments under the control of such authority.
NOTE:- A State Government may declare
that the restrictions contained in this Article shall not apply to any
particular local fund or to local funds of any particular class in its
territories, or that they shall apply subject to such modifications as it may
direct." It would thus be clear that the University teachers are governed
by the Act and the statutes made thereunder. By operation of Statute 16.24, the
superannuation of a University teacher has been prescribed at 60 years. The
teacher of any college exclusively maintained by the State Government or a
Local Authority is a Government servant governed by the Regulations referred to
hereinbefore. The statutes made under the Act envisage that the University
teachers are a class for whom specific age of superannuation has been
prescribed under the statute governed by the provisions of the Act, whereas the
teachers though are working in the Medical Colleges maintained by the State
Government, are governed by the State Government Service Rules prescribed in
the Regulations which prescribes the superannuation on attaining the age of 58
years. Thus the doctor-teachers working in the Medical Colleges maintained by
the State Government are not entitled to remain in employment on attaining the
age of 58 years, unless there is an express order made by Government covered by
the Regulation 520 of the U.P. Civil Services Regulations. The order of the
High Court is ex facie illegal. If the respondent remained in service after he
attained 58 years, by virtue of the order of the Court, he must be deemed to
have retired on his completing 58 years with resultant consequences.
The
appeal is accordingly allowed. The order of the High Court is set aside and the
writ petition stands dismissed. No costs as the respondent is not appearing.
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