65 L IN THE HIGH COURT OF PUNJAB YANA AT CHANDIGARHe 1 CWP Noe9665of2010 Date ofdecision 432011 Pro SSBindraand others e4etitioners Vs The Stateof Punjaband others And connected petitionsbeingCWP N0e1392of 2009 CWP Nose1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 10616 11076 11972 12603 12604 12736 12882 13117 14265 14277 14604 1 14693 15001 15447 15463 15508 15624 15880 16185 16223 16357 16961 0 18575 19596 19693 19699 19749 19841 19908 19935 20036 20225 20226 0 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of2010 AND C9 CWP Nose184 345 585 838 896 897 1001 1304 1386 1429 1495 1618 1782 2065 3391 3464 823492 of2011 Z 51 CORAM HONBLE MR JUSTICE ADARSH KUA GOEL l HONBLE MRe JUSTICE AJAY KMIIIAR MITTAL t Presentl Dr Balram GuptaSr Advocatewith 4 Ms AnamikaNegi AdvocateGnCWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818 of 2010 and 1495 R LAe 346412011 CJ0 Mr BM SinghAdvocateand Mr Anshul Joy Advocate 1 CWP Nos 7321 12882 14693 15001 7 Z 20296 to 20298 21136 8623003of2010 and 1429 3492 of20119 Qn Mr SarjitSinghSr Advocatewith Mr Vikas SinghAdvocate6inCWPNo14265 and 19841of20109 Mr RlC Malik Sr AdvocateWith Ms Komal Sharma Advocate In CWP Nos176 8823 12603 to Mr Arun Nehra AdvocateOnCWP Mr RD Anand Advocate6inCWP Nol2971109 Mr Padam Kant Dwivedi Advocate in CWP No71401109 21 VmeWlOemlmae 11 Vlln Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 1455N 66 CWP 365of 2010 2 e Mr ManojChahal Advocate l CWP Nos19501 20226 21135 M 212408 Mr SS Salar Advocate Gn CWP No0616 20613 of 2010 184111 Mr Atul Kaushik 8cManjitSinghAdvocates in CWP No226731109 Mr AnupamAdvocate 6inCWP No17155110 Mr NS BhardwajAdvocate onCWP N020693110 1 Mr AK Bishnoi Advocate6inCWP No04221109 1 Mr Kewal Kumari Advocate6inCWP NosS465110 0 MrSaurabh Aror Advocate6in CWPNos1241110 83391111 0 O A4 Subhash a Advocatein CWP No13861119 I Mr Ashok SehgalAdvocate l CWP N03851119 C5 I Mr SudhanshuMa Advocate 1 Z 6inCWP No1392109 MrllTiiesh Advocate n CWP Nos193220728 820729 C of2010 i I Mr SK Tamak Advocatin CWP Nos1324 11972 21137and 227360f2010 Z Nlr SK Arora Advocate 01 in CWP Nos19935110c 896111 2 Dr SuryaPrakash Advocate n CWP Nos1268 2661 4583 to 4585 Z 4607 4617 and 19908of20101 for Om Mr Jaswinder SinghDAG Punjab i Mr AnupamGuptaAdvocate for PanjabUniversity Mr SC Sibal Sr Advocate with Mr V Rana Adv for ICshetra University Mr Amrit Pal Advocate for Gwu Nanak Dev University Mr NR DahiyaAdvocate and Mr Amit Rao Adv for Mr SlCShanna Adv for UGC Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 67 CWP i65of 2010 r ar Mr AshwinieBansal CentralGovt Counsel Mrs Kamla Malik CentralGovt Counsel Mr RajdeepS Cheema Advocate for 11 8 12 in CWP Nol2736110 for respondentNos8 ce 10in CWP No13 117110 for respondent No in CWP No16185110 for respondent Nos 6 10 in CWP No18575110 for No6 in CWP No19749110 for respondent Nos 8 6 in CWP No0036110 Mr Hemender Goswami Advocate J for No in CWP No896111 tt 7 Mr SC NagpalAdvocate 1 0 for 6 in CWP N67321110 ce for in CWP No12882110 0 4 0 Adarsh Kumar GoelJ C3 1 This order will dispose ofa bunch of 100petitions mentionedabove I Accordingto learned counsel for the petitioners all the writ petitionsinvolve Z common questiOnrelating to claim of the writ petitioners for revision of age of C retirementto 65 years The said claim is based06 letter dated31 122008ofthe 1 I Governmentof India addressedto the GrantsCommission JGC followedby Ietterof the Govent of Indiadatd 1132010 to the Education Z Secretariesof all State Govemmentsand notication of Grants m Commission6Minimum for of teachersand other 3 Z Academic Staff 111 Universities and Collegesand other Measures for the 1 Il Maintenanceofstandards in Higher 2010 2 A bunch ofpetitions came up for hearitig before leamedSingleJudge who vide order dated 4102010 referred the matter to the Division Bench as follows It 3 Since the final outcome ofthese cases 1S likelyto have far reachingrepercussions including some unpactOn otherStateservices llk 4e Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 68 4244 CWP 365of 2010 4 9 also it appearsintermaIiathat the followingimpo questions of law vd needto be bya largerbencl a9Whether the service conditions includingthe age of retirement prescribedin the stamtoryservlce rules framedunder provisoto Article 309 ofthe Constitutionor under a statute Call be deemedto have been amended by virtue of the CircularlSchemedated 31122008 issuedbythe GovernmentofIndia2 b1Whetr the Govemmentof India is competentto command the State to lncrease the age of retirementof a sectionofthe enoloyees2 1 tr c9 Whether the Stateshave any lawl authority to bargeintothe Oeld 1 0 of Education when thesubjectmatter is directlyreferableto Entry 0 66 ofList I Union List or Entry25 ofthe List III ConcunentList I 0 only2 I d What will be theimpactofthe G6nment ofIndia Schemeor the Z UGC Regulations in the 1 of teachersworking case in the interstate 2 UniversitieslikePanjab Cc e What is the scope of Statutory powersof UGC and whether such I t powers would include the authorityto lay the Z conditionsof serviceincluding the ageof retirement2 m 4 Admitted to DJ3 Let the recordsofthese cases be placedbeforeHonble the Chief Justice for enlistingthem before an appropriateBench 107 on Z 151120107 C Xx XXX XXX XXXX the matters havebeenplacedbeforethis Bench Several other wnt 3 CWP No9665 of 2010 has been treatedto be the main petitionon suggestionof learned counsel for the partiesand pleadings are beingreferredto from the said petitionCase of thepetitioners is that theyare teaching in different of Guru Nanak Dev UniversityG Their superannuation age 1S Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWP 65 of 2010 5 P4 60years as per applicable rules The Govemment of India appointedSixth Pay 1 on 5102006 to consider the demand of the Central Govemment for increasein salaryand ofother serviceconditionsThe saidCommission gave its report on 2432008 which was approved by the Union Cabineton 1482008 The UGC appointed an expertcommitteeto consider the claimof the teachersin Unersities and collegesfor revision of pay scales and 1 otherallied issues headed by Prof GlCChadha The Commiuee gave its repon revision ofpayscalesand to 1 rneetthe situationarisingout ofshortage ofteachers uid to attract eligiblescholars 0 to theteachingprofession to improve the standardof qualityof highereducation 0 The said Committeealso recommended of retired teachersuptothe C5 ageof70 yearS I Z 4 Based on considerationof the said report the Govemment of India vide lettersdated233 2007 conveyed its decision to teviseage of superation r of all personsholdingteacg positionas on 1532007 to 65 years and also I provided for of suchteachersuptothe ageof 70 years The said age Z 1 was Centrallyfunded higherand technical education institutions QO commg under the purview of this ministryin order to overcome the shortage of S7 z teachers Thereafter vide letter dated 31 2008 Annexure P3 scheme for ll revisionofpayscaleswas bytheMinistryf to theUGC Therein 1 1SSUS of age of also Sgured in para 8f0 The said para alongwith subpara p9ofpara8 are reproduced below 8 Other terms and conditions2 a1to eleXXXX xx xx XX f Age of Oin order to meet the situation arisingout of shortageof teachers in universitiesand other teachinginstitutions and 4 Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CwPr70 65of2010 6 the consequentvacant positionstherein the age of Al superation for teachers in Central Educational institutionhasalready beenenhancedto sixtyfive years vide the of highereducation letter NoFNo 1w 191200641II dated 233 2007 for those involved lIl class room teachinglll order to attract eligiblepersons to the teachingcareer and to retaul teachersin service for a longer period Consequenton upw8rdrevlSlon of the age of superation of teachers the Central Govemment has alreadyauthorizedthe Central Universitiesvide 1 of highereducation DO letter NoF2412006 Desk J9 r dated 3032007 to enhance the age of of 0 Vice chancellorsof Central Universities om 65 years to 70 0 yearssubject to amendmentsiil therespective statutes with Z 9 the approval of the competentauthorityTisitor in the case I of Central Universities Z io subject to of vacant p6sitionsand fitness teachersshall also be re employed Oll contract appointment r beyondthe age of sixtyfive years uptothe age of seventy I yearSeRemploymentbeyond the age of shall however be done for a limited periodof Z threeyearsin the first instanc8and then for another8irther 00 periodof two yearspurelyon the basis of merit expenence area of merit experiencearea of specialization and peer a7 Z groupreview and only againt available vacant positions without affectingselectionor prospectsof eligible teachers Whereas the enhancementof the age of for teachers engagedlll class room teachingis intended to attxact eligiblepersons to a career ln teachingand to meet 1 theshortage ofteachers byretaining teachersin servicefor a longerperiod and whereas there 1S no shortagein the of librariansand Directors of PhysicalEducation the increase in the age of from the present Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 71 CWP 165of 2010 7 4 sixtytwo years shall not be available to the categoriesof A Librarians and DirectorsofPhysicalEducation Xx Xx Xx XXX Xxx pl Applicabilityofthe Scheme il This scheme shall be applicableto teachers and other equivalentcadres of Library and PhysicalEducation lll all the Central Universitie8 and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The 1 of therevisedscalesshall be subject to the L of all the conditions motioned in this letter as 0 well as to be fmed bythe UGC in this behalf 0 Universities this scherneshall be advised by C5 the UGC to amendtheir relevant statutes and ordinances111 I line with the UGC to amend their relevant statutes and ordinanceslll line with the UGC within three Z monthsfrom the dateofissIieofthis letter iil to iv1xx Xx Xx XX I v1This schememay be eXtendedto universitiescolleges Z and other highereducationallnstitutionscomingunder the purviewof StateLegislature provided State Governments CO wish to adopt and implment the scheme subject to the eewo following terms and conditions Z J al Financeassistancefrom the CentralGovernmentto StateGovemmentsoptingto revise pay scalesofteachers and other cadre covered under the Scheme shall be limited to the tent of 80Io 6eighty percent of the additional expenditure involved the lIl ofthe revision bl The state Goveent optingfor revision of pay shall meet the remaining20Io enty percent of the additionalexpenditure fromits own sources j 04e0l910tA9pv0 Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document CWPI 55of2010 8 W cl to fl xx XX Xxx XXX XXX t lpp g1Paymentof central assistance for this scheme is also subjectto the condition that the entire scheme of revision of pay scales togetherwith all the conditions to be laid down by the UGC by way of Regulations and other guidelines shaIl be by State Govemments and universities and colleges comingunder their jurisdiction asa compositescheme 1 without any modiflcation exceptin regardto the dateof J and tales of pay mentioned herein m above supplied 0 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 0 Education Secretariesof all the StateGovemments that the State Z C5 Governmentsmay initiate immediateaction for of scheme of revlSlOIl ofpay in a time bound manner The letter also referred to the issue of Z enhancementof retirement age The State of Punjabvide notification dated 2 1 ct 292009 revisedthepay scalesofteachersand cadresin theuniversities I and colleges of the State wef 112006 exure P31 as per letter dated C1 Z 3 1122008 Annexure P and also stated that the scheme will be appliole subject to acceptance ofconditionsmentionedin the said letter 11 3 6 CWP No16370 of2009 SinghKahlon and others v Stateof Z Om Punjob and anotherwas filedin thisCourtseing a directionfor revisionof age ofretirement as per notification dated31122008 and this Court vide order dated 6A201 0 directed the State Govemment to take a conscious policydecision ThereaRer vide letter dated1152010 AnnexureP7 theMinistryof laIRD wrote to the State Goveents about the 1SSUe of revision of pay scale Referring to letter dated31122008 it was mentionedthat the schemecould be extendedto institutionsunder the StateGovemments providedState Governmentswish to adoptand implementthe Scheme It was Slrther mentionedthat as per the said J A Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 73 CWP ye65 of 2010 9 4 letter ne State Govents are requiredto implementthe scheme as a one includingthe age of superation nentionedin para 86Oof this eMinistrysletter dated311220089together with all the conditions speciSed orto be by UniversityGrants Commission 0UGC9by regulationsand other guidelines 7 ThereafterUniversity Grants Commission 1 for ofteachersandotherAcademicStaffin UniversitiesandColleges 1 and other Measures for the Maintenanceof standardsin Higher m C 2010 were notifled vide notification dated 3063010 published 111 1 O azette of India dated 1892010 The said have been framedbyUGC 0 underSection 26 ofthe UGC Act 1956and are Centralas well as C9 I StateUniversities and af8liated collegesPara 2 provides that for maintenanceof standardsin highereducationshall be as provided in theAnnexwe Z TheAnnexure contains interealia followingprovisions 1 C 1 I 2eleOThe revisedscalesof pay andotherservlce cotlditions including age of superation J Central universities aild other institutions t 111 Z 1 maintained andlor 8mded by the UniversityGrants Commission UGC9 shall be strictlyin accordancewith the decision ofthe Central r0 i Government MinistryofHuman Resource m2 Z as containedin Appendix4 2031The revised scales of pay andage of superation as provided in Clause 210 above may also be extendedto Universities colleges and other highereducationalinstitutionscomingunder the purviewof the State Legisl and maintained by the State Governments subjectto the of the scheme as a compositeone in adherence of the terms and conditions laid down in the MFU2D notifications providedas AppendixI and in the MHRD letterNoF 7J2010U II dated 11 May 2010 with all conditions specifledby the UGC in these and otherGuidelines r w40n4V1011469 Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 74 CWP 65 of 2010 10 4 1 Appendix I is letter dated 3 1122008 Thoughthe Baba Farid Universityof ed Sciences Faridkot revised the age of superation to 65 years inspiteof directionof the Central Govemment that assistanceto the StateGovemment will be applicableonly if the pay scales were revised as per scheme which was composite one includingthe age of the StateGovemment and the State Universities failed to revise the age of erannuationto 65 years Accordingly case 1S made out for issuance of ditection to complywith the mandateofthe UGC by revisingthe age to 65 years j 8 In the replyfiled by the Stateof Punja the stand taken is that the 0 rnatt ofrevision ofageofsuperation was refened to a Commiuee The said 0 I Committeein its meeting held on 2962010 observedthat therewas no shonage of C5 1 qualified teachersin the Stateandtherewas no needto enhancetheexistingageof Z retirement the State Govemment ppliedfor relaxation of instructions of the Central Govemmentdated 1152010 vide letter dated 1082010 Letter of the Goveent of India onlyrelatedto conditions for grant I 1 1 c of flnancialassistancewhich is a matter betweenthe StateGovernment and the Z Central Govemment Since the enhancemetit of age has serious flnancial rll 1 the State Govemmet has not the revlS1011 of age The 7 z Central Government has not givenany assistanceafter l A2010 Letter dated 31122008 is based on letter dated2332007 which was applicable to Centrally 1 8lndedhigherand technical educationinstimtionscning under thepurviewof this ministryin order to overcome the shortage of teachers and though as per letter dated 282009 followed by letter dated 113010 the same could be extendedto the Statesand Stateuniversities reimbursementwas to be applicable onlyif the StateGovemments the schemeas a compositepackage providedState Governments wish to adoptand implement the scheme The 1n n v Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document cwPN75 5 of 2010 4 consequence was not of automaticrevision of age The Regulationsadopting leuer 7 dated 31122008 were also accordingly limited in their applicability and the revised age was not applicable unless specificallyextendedto the State Govemments and State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per sen7ice rules adoptedby the Universityage of retirementwas 60 and thesaid ruleshavenot been and thusprayer in thepetitioncould not be accepted 1 r 10 Stand of the UGC is that the revlSlon ofa was applicable onlyto 0 0 Centrally 81ndedhigherand technical educationinstitutils under the purviewof I l5 and not to any of a college whichis not lndedandmaintainedby theUGC However the StateGovemmentcould adoptthe decisionfor revising the Z age r 11 We have heardleamedcounselfor thepanieand perusedthe record I 12 Learned counsel for the submittedthat though revisionof Z age as per letter dated 233 2007 was initiallyapplicableto Centrallyfunded C0 i higherand technical educationinstitutionscoming J ulider the purviewof this 7 z ministryin order to overcome the of teachers the effect of letterdated O 311 2008 para 8v was to extendthe same to all State universities and 01108S81S0 The State Govemmentshavingtaken6nancialassistanceof the Central Goveent and havingoptedto the revised pay scales could not reject revlSlon of age of as the Stategovernmentshad to the schemecontained ltl letter dated 31122008 as a compoite schemewithout any modification In support of the said submission reliance has been placedon judgmentof learned SingleJudgeof Patna High Court dated 2082010 in CWP Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 76 12 CWPt 550f2010 1 Noe of2010 Dre SunityPandeyand othersv the StateofBiharand others 1 and oflearnedSingleJudgeofJharkhandHig Courtdated1012011 lIl WP6 C9No363 of 2010 DreMaheshwar Tiwaryand others v The State of and others In the context ofPanjabUniversityit was submiuedthat thoughthe Universitywas established under the StateAct ie PanjabUniversity Act 1947it became inter statebodycorporateunder the Punjab 1 Act 1966 Maintenanceand grantsare to be sharedand paidby concemed States asper directive ofthe CentralGovemmentThe Vice Chancellorofthe University 1 themeeting held on 2962010 informedthat theUniversity has beenconsidered Q in 0 to be a nded instituteunder section26d16iv ofthe CentralEducational 0 InstitutionsReservation in Admissionl Act 2006 CEI 2006 ActOReferencehas I C5 alsobeenmadeto the opinionofthe AttomeyGeneral dated260010 as underl I i It cannot be forgotten that the PunjabUniversityis one of the Z oldestUniversitiesin the countrybeingestablishedin 1882 at r Lahore as East PunjabUniveisity After partitionthe was in India on Ist October 1947and I t afterworkingat dierent placesOnallymoved to Chmdigarh r Z 1111956 The Ministryof HRD i4rightlyconcemed in seeing thatthis institwion is not starvedofmds 91 00 a A letter from Additional Secretary to Chairman UGC dated l1 12010 has also Z beenreferredto thefollowing effectl Clm 2 The matter has since been revisited The Central Goveent has obtained the opinion of leamed Auorney General for India Ocopyenclosed who has held that the earlier Vlew of the Central Goveent based on which the Central Governmenthad indeedfiled certain affidavits before couns of law in matters concemingPunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe way to not onlySlnd PunjabUniversityfor the purpose of expansion I l Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 77 CWP i65012010 13 11 required for the CEI Act also enabling 1 e UGC to start meetingthe financialneedsofPunjabUniversity Accordinglyit was submittedthat thoughearIier the PanjabUniversity was held notto be Central or CentrallySlnded university in the judgment of this Court 111 Dr ACJulka and others v PunjabUniversity and tohers 00897SLR 198 the situationhasnow changed 13 It was pointedout that the Central gov8rnment lIl an affidavit filed beforeMadhya PradeshHigllCourtin similar writ petitions has taken a standthat 1 L the schemedated31122008 was aumaticallyapplicable to the Statesand State 0 Universities for beingeligiblefor Affidavit of the 0 I CentralGovernmenthasbeen filed as AnnexureP4 in CWP No16357 of2010 t5 14 Leamed counsel for the State and the State universitiesother than I C Panjab opposed the submission It was stted that the decisionof the Z Central Government dated 233007 to revise the age of to 65 2 i r years was applicableonly to CentrallySlnded higr and technical education I institutions comingunder the pwviewof this minist in order to overcome the Cl Z shortage ofteachers Letter dated31122008 provided that the schemecould be C extendedto States providedStateGovemmentswish to adoptand the scheme Thus till the StateslStateuniversitieswished to adoptthe scheme of Z Il revlSlOll of age of therewas no automaticrevlSlon of age of Letter dated31122008was onlyaddressedto UGC letter dated2022009 from the UGC to the StateGovemmentswas on the subject ofreimbursementoffinances involved Similar is thepositionwith regardto letter dated 1152010 The 2010 Regulationsalso did not automatically revlse the age of superation except ln relation to Centrally61ndedhigherand technical education institutions comingunder the purviewof this ministryin order to overcome the shortageof teachers In such a situation it was for the State 6 e e 7 26242447 731 157 1 Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document cwp78 365of2010 14 Govemments and the State Universities to a decision to revise the age of R in absenceof which the age of supemation was as prescribed 111the rules View takenin the of Jhkhand andPMna High Courts could not be followed in Vlew ofjudgment ofthe Honble Supreme Court in Be Bharat Kumar and others ve Osmania University and others 2007 11SCC 58 whichhas been followed by Division Bench of this Court in Dre AeCeJulkae This beingtheposition in absenceofconflict in the UGC Regulationanddecision of the State contentionof Regulationbeingcovered underEntry66 ofList I and i r thus ovenidingthe State did not anse as held in similar situationby 0 Honble the Supreme Court in B Bharat Kumar and by this Court in Dre AeCe 0 I Julka Distinctionpointedout thatwhen the issue was consideredin Be Bharat C5 Kumar andDr AeCeJulka thedecision was only J executivedecisionand now the I same has been formalizedas a statutory provisionbyway of under Z section26oftheUGCAct 1S not The Regulation itself limits the Q applicability ofthe revised ageto Centrally Slndedhigherand technical education I institutionscoming under the pwviewof this minisy in order to overcome the z of teachers levingthe issueof extensiotito other institutionsas per c0 letcerdated1152010 32 15 Learned counsel for the PanjabUniversitysubmittedthat the Panjab tl was not a Central as earlier held by this a Court in DreAeCJulka and the revised age of superannuationwas not applicableHowever on account of certain the issue whetherit was Centrally81ndedwas a debatablelSSue and matter in this regard WaS pendingwith the CentralGovemmentand the said universitywill abide by suchdecisionas may be takenbytheCentralGovemment At thisstagethe Panjab Pooja 2014.07.01 10:04 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 79 CWP 165of 2010 15 4 did not vvishto take any particularstand whether it was centrally 81nded or not as the said issue is still to be decidedbythe Central Govemment 16 Leamedcounselfor the CentralGovemment statedthat he has no instructionsin the matter 0 In view of rival contentionsnoticed aboe proceed to deal with 17 we thequestions red for our adjudication Rel aI Deemed amendment to the statutorv rules v virtue of scheme dated 311202008 j r 5 18 The scheme dated 31122008 refers to revision of age of 00 vide letter dated 233 2007 which appliesto Centrally8lnded I higherand technical educationinstitutionscomingunder the purviewof this C5 I ministry in order to overcome theshortage ofteachers As per subpara olof Il Z para 8 the scheme may be extendedto otherinstitutionswho wish to adoptthe same Clause gl ofsub para 0 6v9provides that ceiltral assistancewas subject to theschemebeing as scheme Thus the saidschemedoes Z t0 not envisageautomatic revision of age to all Iinstitutionsunless the State Z 1 Govemmentswish to adoptthe same Iftheydo not wishto adoptthesame it may m have ramiflcation on central assistancebeingprovidedas mentioned therein 7 Z 1 Adoption of the said scheme in does not changeits character as the tl aIso provides that theschemedoes not extendto all the institutionsunless extendedas per para 21 Th matter was consideredby the Honble SupremeCourt with regardto similar scheme dated 2731998 and the scheme was held to be voluntaryThe contention that the scheme must be as a composite one was