r 70 1 e r 4 A IN THE HIGH COURT OF PUNJAB AND CWP Noe9665of2010 Date ofdecisionl 4 2Oll b ProfeSSBindra and others mePetitioners Vs The StateofPunjaband others Respondents And connectedpetitionsbeingCWP Noe1392of 2009 CWP N0s1268 1297 1324 1932 2661 3803 4583 to 4585 4607 4617 7176 7321 8823 9465 9773 1061611076 11972 12603 1260412736 1288213117 14265 14277 14604 m 1469315001 15447 15463 15508 15624 15880 16185 16223 16357 16961 0 18508 0 18575 19596 19693 19699 19749 1984119908 19935 20036 20225 20226 C0 21135 to 21137 21159 21240 21241 22449 22673 22736 22818 and 23003 of2010 AND 0 CWP N0se184345 585 838 896 897 1001 1304 1386 1429 1495 1618 Z CORAM2 HONBLE MR JUSTICE ADARSH KUMAR GOEL r HONBLE MR JUSTICE AJAY KUMAR MITTAL I Presentle Dr BalramGuptaSr Advocatewith 0 Ms Anamika Negi Advocate n CWP Nos665 15463 15508 Z 15624 17545 19087 19256 21159 22818of 2010 and 1495 8 346412011 OO Mr Blvl SinghAdvocate and 4 CWP Nos7321128821469315001 7 Z 20296to 20298 21136 23003of2010and 1429 3492 of20119 Oa Mr SarjitSinghSr Advocatewith 1 Vikas SinghAdvocate n CWP N014265 and19841of2010 Mr RlC Malik Sr Advocatewith Ms Komal Shanna Advocate l CWP Nos3176 8823 12603to 12604158801696118837191520f2010 Mr Arun Nehra Advocate l CWP Mr RD Anand Advocate6inCWP Mr PadamKant Dwivedi Advocate in CWP No7140110 Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document XC ke CWP650f2010 2 11 Mr ManojChahal Advocate n CWP Nosl9501 20226 21135 21240 8 Mr SS Salar Advocate oinCWP No10616 20613 of 2010 00 184111 Mr4tul Kaushile ManjitSinghAdvocates in CWP No26731101 1 Mr Kewal Kumari Advocate 1 CWP Nos9465110e 13041119 Q MrSaurabh 0 0 I C5 e SudhanshuMaar Advocate Z in CWP 2 Mrlllilesh Advocate CWP Nos 1932 20728 8 20729 lr of2010 I Mr SK Tamak Advocate n CWP Nos1324 11972 21137and 227360f2010 Z Mr SlC Arora Advocate 0 6in m Z 4583 to 4585 4607 4617and19908 for L1 Mr JaswinderSinghDAG Punjab Mr AnupamGuptaAdvocatefor Panjab Mr SCSibal Sr Advocate with Mr V Rana Adv for Kurukshetra Mr Amrit Pal Advocatefor GuruNanakDev Mr Ni DahiyaAdvocateand Mre Amit Rao Adv for Mr SlC ShannaAdv for UGC Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWPNO2 50f 2010 3 j 8 r Mr Ashwinie Bansal CentralGovt Counsel i MrseKamlaMalik CentralGovt Counsel 1 v Mr Rajdeep S CheemaAdvocate P for 118e12 in CWP No12736110 tS P for c 10in CWP No13117110 for No in CWP No16185110 for NosO 8 10in CWP No18575110 for in CWP No19749110 for Nos 8 6 in CWP No0036110 Mr HemenderGoswamiAdvocate for in CWP No896111 1 Mr SC NagpalAdvocate 1 0 for 6 in CWP No321110 8e for No6 in CWP Noe12882110 0 0 Adarsh Kumar GoeLJ I C5 1 This orderwill dispose of a bunchof 100petitions rnentionedabove I According to leamedcounselfor the all the writ petitions involve Z common questionrelating to claim of thewrit petitioners for revisionof age of 2 0 retirementto 65 years The saidclaim is basedon letterdated31122008 ofthe I Govemmentof India addressedto the GrantsCommission JGC followedbyletterof the Govemmentof Indiadated1132010 to the Education Z Secretariesof all State Govemmentsand notification of Grants m CommissionMinimum for of teachersand other mv Z Academic Staff 111 Universities and Collegesand other Measures for the ll Maintenance ofstandardsinHigher 2010 2 A bunch ofpetitions came up for hearing before leamedSingleJudge who vide order dated4 102010 referredthe matter to the Division Bench as followsle 64 3 Since the flnal outcome of thesecaseS 1S likelyto have far reaching repercussions including some 1act on other Stateservices Il 111 wm Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 CWP Am73 5 of2010 4 04r also it appearsinterealiathatthe followingimpo questiom of law needto be bya largerbencl a9Whether the servlce conditions includingthe age of retirement prescribed in the stry servlce rules framedunder provisoto Article 309 ofthe Constimtionor under a statute can be deemedto have been amended by Vlrlue of the CircularlSchemedated 31122008 issuedbythe Govent ofIndia2 b9Whether the Governmentof India is competentto command the State to increase the age of retirementof a sectionofthe r c1Whether the Stateshaveany lawful to bargeintotheOeld 0 of Education whenthesubject matter is directly referable to Entry 0 I 66 ofList I Union ListorEntry25 ofthe List III ConcurrentList Ca9 Only2 I c What will betheimpact ofthe GovemmentofIndia Schemeor the Z UGC in the case of teachersworking 111the interstate UniversitieslikePanjab C e What is the scope of powersof UGC and whethersuch C powers would include the to lay the Z conditionsof serviceincluding theageof retirement2 m 4 Admittedto DB Let therecordsofthese cases beplacedbeforeHonble the Chief Justice for enlistingthem before an Bench on 3 Z 15112010 Clm Xx XXX XXX XXXX thematters havebeenplacedbeforethisBench Severalotherwnt petitions filed aRerthe order ofreference havealsobeen listed for hearing 3 CWP No665 of 2010 has been treatedto be the petition malll on suggestionof learned counsel for the partiesand pleadings are beingreferredto from the said petitionCase of the petitioners is that theyare in different of Guru Nanak Dev 6G Their age 1S Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document cwpA74 I5of 2010 5 years as per rules The Govemment of India appointed Sixth Pay Commissionon 5 102006 to considerthe demandof the CentralGovemment for increasein salaryand ofother serviceconditions The said Commission gave its report on 2432008 which was approved by the Union Cabineton 142008 The UGC an expertcommitteeto consider the claim of the teachersUl Universitiesand collegesfor revisionof pay scales and otherallied issuesheadedby Prof GlCChadha The Committeegave its repon revisionofpayscalesand enhancementofagee to meet thesituationarising out of of teachersandto auract eligiblescholars 0 to theteaching to improve the standardof qualityof highereducation 0 The saidCommitteealsorecommendedrelgagementof retiredteachersuptothe I t5 ageof70IearS I 4 Based on considerationof the said reportthe Govemmentof India Z vide Iettersdated2332007 colyed its decision to revise age ofsuperation of all personsholdingteaching position as on 1532007 to 65 years and also I c provided for remployment of suchteachersuptothe ageof 70 years The said age Z was Centrallyfundedhigherand technical education institutlons Ol comingunderthe purviewof thisministry in orderto overcorne the of V z teachers Thereafter vide letter dated 31122008 Annexure P3 scheme for CL revisionofpayscaleswas bytheMinistry of to theUGC Therein 1SSue of age of also figuredin para 86Oe The said para alongwith sub para009ofpara8 are belowl 8 Other terms and conditions2 a9to elnXXXX Xx Xx 0 Ageof oin order to meet the situation arisingout of shortageof teachersin universitiesand other teachinginstitutions and Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document e 75 6 CWP tl 35of 2010 the consequentvacant positionstherein the age of 0 superaion for teachers lll Central Educational hasalready been enhancedto sixtyfive yearsvide the of highereducation letter NoFNo l dated232007 for thoseinvolved in class room teaching111 orderto attract eligiblepersons to the career and to retain teachersin servicefor a longer period on upwardreVlSlOn of the age of of teachers the Central Govemment has authozizedthe CentralUniversitiesvide of educationDO letter NoF 1 2412006Desk 0U0 1 dated3032007to enhance the age of of VicechancellorsofCentralUniversitiesfrom 65 yearsto 70 0 0 years to amendmentsin the statutes with the of thecompetent lisitor in thecase C5 of Central I io to of vacant and fitness Z teachers shall also be re on contract appolntment 2 ri the age of sixtyfive years uptothe age of seventy beyond the age of years I shallhowever be done for a limitedperiodof Z three yearsin theflrst instanceandthenfor anotherfurther of two yearspurely on the basisof merit ClO area of merit areaof and peer m review and onlyagainst availablevacant Z without selectionor of 0 eligible teachers the enhancementof the age of for teachers in class room teachingis intended to attract eligiblepersonsto a career 111teachingand to meet theshortage ofteachersbyretaining teachersin servicefor a longerperiod and whereas there is no shonagein the df librariansandDirectors of PhysicalEducation the increase in theage of superation from the present Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP 365of2010 7 14 sixtytwo years shall not be available to the of t Librarians andDirectorsofPhysicalEducation Xx Xx Xx XXX XXX pl Applicability ofthe Schemel i1This scheme shall be applicabIe to teachers and other equivalentcadres of Library and PhysicalEducation 111 all the Central Universities and collegesthereunder and the institutions deemed to be universities whose maintenance expenditureis met by the UGC The 1 of therevisedscalesshall be subject to the r of all the conditionsmotioned in this letter as 0 well as to be Oamedbythe UGC in this behalf C0 Universities this schemeshall be advisedby 0 theUGCto amendtheir relevantstatutesandordinancesln line with the UGC to amend their relevantstatutes and ordinancesln line with the UGC within three Z months fromthedateofissue ofthis letter C iil to ivl xx Xx Xx XX I v This scheme may be eMendedto universitiescolleges Z and otherhighereducationalinstitutionscoming under the purview of State provided StateGovernments m wish to adopt and implementthe scheme subjectto the Vm3 following terms and conditions Z Om al Financeassistancefrom the CentralGovemmentto StateGovents opting to revisepay scalesofteachers and other cadre covered under the Scheme shallbe limitedto the extent of 80lo 6eighty percent of the additional expenditure involved 111 the ofthe revision b1The state Govemmentoptingfor revision of pay shall meet the remaining20Io enty of the additionalexpenditure from its own sources j a49erevn Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP N77 50f2010 8 0 f W cl to fl xx Xx Xxx Xxx XXX gl Paymentof centralasslstancefor this schemeis also subjectto the condition that the entire scheme of revision of pay scales togetherwith all the conditionsto be laid down by the UGC by way of Regulations and otherguidelines shall be by State Governments and unlversities and colleges comingundertheir jurisdiction as a compositescheme withoutany modificationexceptin regardto thedateof and scales of pay mentioned herein 1 above emphasis 5 The UGC vide letter dated 2822009 Annexure PA addressedto 0 0 Education Secretariesof all the StateGovemments that the State I t5 Govemmentsmay initiateimmediateactionfor of schemeof I reVlSlOn ofpayina time boundmanner The letteralso referredto the issue of Z enhancementof retirement age The State of Punjabvide notificationdated 292009 revisedthepay scalesofteachersand cadresin theuniversities I and collegesof the Statewef l 2006 nnexure PI as per letter dated Z 3 1122008 Annexure P3 and also statedthat the schemewill be applicable subject to acceptance of conditionsmentionedin the said Ieuer r 6 CWP No16370 of2009 JagirSinghKahlon and others v Stateof Z l1 Punjabandanotherwas flledin thisCourt a directionforrevisionof age of retirementas per notificationdated310122008andthisCourt vide order dated 6A2010 directed the State Govemmentto take a conscious policydecision Thereallervide letter dated ll2010 Annexure P7 theMinistryof IeOUOwrote to the StateGovernmentsabout the issue of revision of pay scale Referring to letter dated 31122008 lt was mentioned that the scheme could be extendedto institutionsunder the StateGoveents provided State Governments wish to adoptand implementthe Scheme It was funher mentionedthat as per the said j A Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 78 CWPI 65of 2010 9 4 tter the State Governments are requiredto implementthe scheme as a one including the ageof superation nentionedin para 80 of this Ministrysletter dated311220081 with all theconditionsspecified or to be specifledby UniversityGrantsCommission UGC9by and other 7 Therealter UniversityGrants CommissionoMinimum for ofteachersandotherAcademicStaffin UniversitiesandColleges and other Measuresfor the Maintenanceof standardsln Higher L 2010 were notified vide notificationdated 30620 10 published in 0 GazetteofIndia dated 1882010 The said have beenframedbyUGC C underSection26 of the UGC Act 1956and are to Centralas well as C5 StateUniversitiesand affiliated colleges Para 2 provides that for rnaintenanceof standardsin highereducationshall be as provided in theAnnexure Z TheAnnexurecontainsinterealiafollowing r 2eleOThe revisedscalesof payandotherserviceconditionsincluding age CJ of in Central universitiesand other institutions Z maned anor funded by the Grants Commission UGC9shallbestrictlyin accordancewiththe decisionofthe Cenual C Government MinistryofHuman Resource 7 Z ofEducationlas containedin Appendix7 Oa 2e30ll1le revisedscalesof pay and age of superation as provided lll Clause 210 above may also be extendedto Universities colleges and other highereducationalinstitutionscomingunder thepurviewof the State Legislature and maintained by the State Governments subjectto the of the scheme as a compositeone lIl adherence of the terms and conditions laid down in the A4lUO notiflcations provided as AppendixI and in the MF letterNo1e 712010eUII dated 11 May 2010 with all conditionsspecified bythe UGC in theseRegulations andotherGuidelines ew Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 79 1 CWPA i5 of 2010 ppendix I is leuer dated31 122008 Though the Baba Farid Universityof Faridkot revisedthe age of superation to 65 years inspiteof of the CentralGovemmenthat assistanceto the StateGovemment will be onlyif the pay scales were revised as per scheme which was one includingthe age of superation the StateGovemmentand the StateUniversities failed to revise the age of superation to 65 years Accordingly case lS madeout for issuance of direction to complywith the mandateofthe UGC byrevising the age to 65 years m 8 In the replyflled bythe Stateof Punjabthe standtakenis that the 0 rnatr ofrevision ofage of was referredto a CommitteeThe said 0 T Committeein its meeting heldon 2962010 observedthat therewas no shonage of C9 I teachersin the Stateandtherewas no needto enhancethe existing ageof retirement the State Govemment appliedfor relaxation of Z of the Central Govemmentdated 1132010 vide leuer dated Q 1082010 Letter of the Govemment of India onlyrelated to conditions for grant I of flnancialassistancewhich is a matter between the StateGovemmentand the CJ Z Central Govemment Sincethe enhancementof age has serious financial 00 the StateGovemmenthas not the revlSlOll of age The 72 CentralGovemmenthas not givenany assistance aRer l A2010 Letter dated Qm 31122008 is based on letter dated2332007 which was to Centrally fundedhiger and technical educationinstitutionscomingunderthe purview of thisministryin orderto overcome the shortage of teachers and thoughas per letterdated 2822009 followedby letter dated 1132010 the same could be extended to the Statesand StateunNersities reimbursementwas to be applicable onlyif the StateGovernments the scheme as a composite package State Govemmentswish to adoptand the scheme The Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 0 CWPN080 012010 11 1 P dated3112 2 008 were also limited in their and the revised age was not applicable unless speciScally extendedto the State Governmentsand State universities Thus the petitionwas liable to be dismissed 9 Stand of the Universityis that as per service rules adoptedby the age of retirementwas 60 and thesaid ruleshavenot been andthusprayer in thepetition could not beaccepted 1 0 10 Standof theUGC is that the revlSlon ofagewas applicable onlyto 0 0 Centrally Slndedhigherandtechnicaleducationinstitutionsunder thepurview of Ic and not to any of a college which is not 8mdedandmaintainedby I theUGC However the StateGovemmentcouldadopt the decisionfor revising the Z ageofsuperation 11 We haveheardIeamedcounselfor thepares andperused the record 12 Leamed counsel for the submittedthatthough revisionof Z age as per letter dated 2332007 was initiallyappIicable to Centrallyfunded 00 higherand technical education institutionscomingunder the purviewof this 3z ministryin orderto overcomethe ofteachers theeffect of letterdated 3 31122008 para 869 was to enend the same to all State universitiesand collegesalso The StateGovemmentshavingtaken6nancialassistanceof the Central Govemment and havingoptedto the revised pay scales could not reJect revlSlOll of age of as the Stategovemmentshad to the scheme contained in letter dated 31 122008 as a compositeschemewithout any modification In supportof the said submission reliance has been placedon judgment of learned SingleJudgeof Patna HighCourt dated 202010 in CWP Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP2865 of2010 12 11348of2010 Dr SunityPandeyand others v the StateofBihar and oflearnedSingleJudgeofJharand HighCourtdated1012011 111 WP C9 N0363 of 2010 DrMaheshwar Tiwaly and others Ve The State of Jharkhand and others1 the cot of Panjabtversity it was submittedthat thoughthe was establishedunder the StateAct 1 Panjab Act 1947 it became inter state bodycorporateunderthe Punjab Act 1966 Maintenanceand grantsare to be sharedand paidbyconcernedStates as per directiveofthe Central Govemment The Vice Chancellor ofthe University 1 r lIl themeeting heldon 2962010 informedthatthe hasbeenconsidered 0 to be a Centrally fundedinstituteundersection26d979ofthe CentralEducational 0 I Institutions in Act 2006 CEI 2006 Actl Referencehas C5 also beenmade to theopinion ofthe Attomey General dated26102010 as underl I Z It cannot be thatthePunjab is one of the oldestUniversitiesin thecountrybeingestablishedin 1882at r Lahore as East Punjab After partitionthe I University was reeestablished in India on Ist October 1947and Lo afterworking at differmt places8na1ly moved to Z lIl 1956 The Ministryof is rightlyconcerned in seeing thatthisinstitutionis not starvedof81nds 33 m m A letter Som Additional Secr to ChairmanUGC dated 1 12010 has also Z beenreferredto the effectl 0m 2 The matter has Slnce been revisited The Central Governmenthas obtainedthe opinionof learned Attomey General for India copy enclosed who has held that the earlier Vlew of the Central Govemment based on which the Central Governmenthad indeedfiled certain affidavits beforecouns of law in matters conceming PunjabUniversitywas erroneous This opinionofthe Attomeygeneralfor India pavesthe way to not onlyfund PunjabUniversityfor the purpose of Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 82 CWPtl i5 of 2010 13 wr for the CEI Act 2006but als8 enabling e UGC to start meeting the fmancialneedsofPunjabUniversity it was submittedthatthoughearlier the PanjabUniversity was held not to be Central or Centrally funded university in thejudgment of this Court in DreAeCJulka and others v PunjabUniversity and tohers 00897 SLR 198 the situationhas now changed 130 It was pointedout that the Central govemment111 an affldavit 61ed beforeMadhya PradeshHighCourtin similarwrit petitions has taken a standthat 1 the schemedated 31122008 was to the Statesand State 0 Universitiesforbeingeligiblefor Centralassistance Affldavit of the C CentralGovemmenthasbeenfiled as AnnexurePA in CWP No16357of2010 I 0 14 Leamedcounselfor the State and the State universitiesother than I Panjab opposed thesubmission It was statedthat thedecisionof the Z CentralGovemment dated 2331007 to revise the age of to 65 m Q years was onlyto Centrally nded higherand technical education instimtionscomingunderthe purview of this minis in order to overcome the C3 Z ofteachers Letter dated31122008 provided that theschemecould be Cll extendedto States provided StateGovernmentswish to adoptand the scheme Thus till the StateslStateuniversitieswishedto adoptthe schemeof Z Qw revlSlOn of age of therewas no automaticrevision of age of Letter dated31122008 was onlyaddressedto UGC letterdated2022009 from the UGC to the StateGovemments was on thesubject offinances involved Similar is thepositionwith regard to leuer dated 1152010 The 2010 also did not revise the age of exceptin relation to Centrally61ndedhigherand technical educationinstitutions comingunder the purviewof this ministryin order to overcome the shortage of teachers In such a situation it was for the State 1 Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWPt83 65 of2010 14 and the State Universities to take a decision to revise the age of Q superannuation 111absenceof which theage of superation was as prescribed 111the rules View takenin the of JhwkhandandPatnaHigh Courtscould not be followed in Vlew ofjudgment ofthe Honb1e Supreme Court in Be Bharat Kumar and others ve Osmania University and others 7 11SCC 58 which has been followedbyDivision Bench of this Court in Dre AeC Julkae Thisbeingthepositionin absenceofconflict in theUGC anddecision of the State contentlOIlof beingcoveredunderEntry66 of List I and 1 tr thus overriding the Statelegislationdid not arise as held in similar situationby 0 Honble the Supreme Court in Be Bharat Kumar and by this Court in Dre AeC 40 I Julka Distinctionpointedout thatwhenthe lssue was consideredin Be Bharat C5 Kumar and Dre AeCeJulka thedecision was onlyexecutivedecisionand now the I e1 same has beenformalizedasa stamtory provisionbyway of under Z sectlon 26 of the UGC Act 1S not SlglflcantThe Regulationitself limits the r ofthe revisedageto Centrallylndedhig1ler and technicaleducation institutionscomingunderthe pwviewof this ministry ln orderto overcome the Z of teachers leavingthe issueof extensionto otherinstltutions as per 0n Ietterdated1132010 Regulation 2311 n 2 15 Leamedcounsel for thePanjab submittedthat the Panjab cL was not a Central as earlier held by this Court in DreAeCJulka and the revised age of superation was not However on account of certain the issue whether it was Centrallyfunded was a debatableissue and matter Ul this regard was pending with the CentralGovemmentand the said will abide by suchdecisionas maybe takenbytheCentralGovemment At thisstagethe Panjab Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 84 CWPA5of2010 15 8 did not wish to take any particular stand whether it was centrally Slnded or not as thesaidissueis still to be decidedbytheCentralGovemment 16 counselfor the CentralGovemmentstatedthat he has no instructionsin the matter 17 In view of rival contentionsnoticed above we proceed to deal with thequestions referredfor our Re2aIDeemedamendmentto the statutorv rules bv virtue of schemedated 311202008 m 18 The scheme dated 31 22008 refers to revision of age of 0 superation vide letterdated233 2007 which applies to Centrally funded and technical educationinstitutionscomingunder the purviewof this t5 I in orderto overcome the of teachers As per subpara olof Z para 8 the schememay be extendedto otherinstitutionswho wish to adoptthe same Clausegl ofsub para O r9 that centralassistancewas subjectto C theschemebeing as schemeThus the saidschemedoes I not automaticrevision of age to all institutionsunless the State Z Governmentswishto adoptthe same Iftheydo not wish to adoptthe same it may CQ have ramificationon centralassistancebeingprovided as mentionedtherein 7 Z of the said schemein doesnot change its characteras the Qm also thatthe schemedoesnot extendto all the unlessextendedas per para 231 The matter was consideredby the HonbleSupremeCourt with regardto similar scheme dated 2771998 and the schemewas held to be The contentionthat the schememust be as a composlteone was Contention with regardto of 66 of List I was also rejectedWe may quotebelow the part of letter dated 2731998 by the Honble SupremeCoun lll Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWP 5165of 2010 16 0 od relevant part of letter dated 31121998 which we have to for U compansone Letter dated 27701998 Letter dated3101201998 4 The paymentof Central asslstance 8vgle Payment of central for ofthe schemeis also assistance for this scheme subjectto the conditi6nthat the entire 1S also subjectto the conditionthat the scheme of revision of pay scales entire schemeof revision of pay scales togetherwith all the conditionsto be togetherwith all the conditionsto be laiddownin thisregardbyUGC byway laid down by the UGC by way of 1 0 of is by the and other shall State Governmentsas a composite be by State Governments 0 C0 scheme without any modification and universitiesand collegescomlng I except to the dateof and under their jurisdiction as a composite C9 scalesofpayas indicatedabove scheme without any modification I except in regardto the date of Z and scales of pay mentionedhereinabove 91 2 r I Relevantobservations arelm Z 13 The simationlsno differentin thepresentcase also The very of the letterdated2771998 suggeststhat the m scheme 1S volunwyand not bindingat all Further it 1S mv specifled in the of the Kerala HighCourt that the Z teachershad no rightto claim a specificagebecauseit Qm in theschemewhich schemewas itselfvolu and not bindingThe Court clearlyobservedthat the appellant cannot claim that maior portion of the scheme havingbeen accepted bv the Government they have no riPht not to accept the clause reIatin to fixation of higher aee of superannuatione The Court therein observed that lt lS a matter betweenthe StateGovemmenton the one hand and the University GrantsCommissionon the other and it would be for the GrantsCommissionto extend the benefitof the Uma 2014.06.09 14: 51 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document CWPNo86 of 2010 17 1 J scheme or not to extend the same dependino upon its rv satisfaction about the attitude taken by the State Government in the matter of implementinethe scheme It WaS lastlyclearlyobserved that as long as the State