IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 182 of 2005 (S/B) Pant Nagar Vishwavidhalaya Shikshak Samiti & others. ………. Petitioners Versus State of Uttarakhand & another. ..………. Respondents Mr. Vipul Sharma, Advocate for the petitioners. Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel for the State of Uttarakhand / respondent No. 1. Mr. Rajendra Dobhal, Senior Advocate with Mr. Sunil Upadhyaya, Advocate for respondent No. 2. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C. J. (Oral) Petitioners were members of the teaching staff of the respondent No. 2 University. While they were in service, the Government decided that their age of superannuation may be increased to 60 years, provided they opt for the same. All the petitioners opted for the same. As a condition for obtaining permission to serve until the petitioners reach the age of 60 years, petitioners sacrificed their right to obtain gratuity. All the petitioners reached the age of superannuation before 18th June, 2005. In terms of another Government Order, those who have reached their age of superannuation after 30th June of a year, were though not entitled to extension, but were entitled to serve until 30th June of the following year. On 18th June, 2005, all the petitioners, having had reached the age of superannuation, were serving respondent No. 2 University on being re- employed. On 18th June, 2005, the Government decided to give the benefit of gratuity with effect from the said date to all the teaching and non-teaching employees of respondent No. 2 University also on completion of their age of superannuation at the age of 60 years. 2. Petitioners are contending that, since they were still in service, they are also entitled to the benefit of the said Government Order dated 18th June, 2005. The contention of the respondent State and the University is 2 that those, who attended the age of superannuation, at the age of 60 years, on and from 18th June, 2005; were entitled to the benefit of the said Government Order dated 18th June, 2005 and, since the petitioners, admittedly, reached the age of superannuation, at the age of 60 years, prior to 18th June, 2005, they were not entitled to the benefit of the said Government Order dated 18th June, 2005. 3. The Government Order dated 18th June, 2005 is as follows: “From, Indu Kumar Pande Principal Secretary, Finance, Uttaranchal. To, 1. Additional Chief Secretary, Uttaranchal 2. Secretary, Education, Uttaranchal 3. Secretary, Agriculture, Uttaranchal Finance: Section – 3 Dehradun, Dated June 18, 2005 Sub.: Admissibility of common pensionery benefits on superannuation of teaching and non-teaching employees of the universities / Agricultural University and their affiliated / associated non-government aided colleges, non-govt. aided intermediate colleges. Sir, After overall consideration on the above subject, I have been directed to say that the Hon. Governor is pleased to approve the payment of retirement benefits along with gratuity with immediate effect to all the teaching and non-teaching employees of Universities / Agriculture University and their affiliated / associated aided non-government colleges / and aided non- government intermediate colleges of the state, appointed against the Govt. sanctioned posts on the completion of the age of superannuation at the age of 60 years, in place of retirement benefits admissible differently at the age of 58 years and 60 years. 2. According to above due to one standard principle, the difference due to non-payment of gratuity on retirement at the age of 58 years in the institutions will automatically cease and there will be no need to give any type of option. 3. The benefit of gratuity will be admissible only to those teaching and non-teaching employees who opted for contributory provident fund and will deposit the total sum of their contribution and contribution of the university / state Govt. and interest accrued there on in the Govt. treasury within 90 days of the release of this order. 3 4. All the retirement benefits will be admissible on the completion of 60 years of age on the date of superannuation only and after that no extension of service of any type will be given. Those teachers whose services are essential till the end of the session in such cases steps for re-employment will be taken as per pre-established standards laid down in PRASTAR-520 and their pay will be fixed after deducting the amount of pension from the salary and either DA or dearness relief, only one benefit will be admissible. 5. Amendments necessitated in the acts and statutes of the universities in the state / Agriculture University and intermediate education etc. due to enforcement of above scheme will be the responsibility of the concerned administrative department. The above orders will come into force with immediate effect. Yours faithfully Sd/- Indu Kumar Pande Principal Secretary, Finance No. 220xxvii(3)AAA/2005, dated even copy forwarded to the following for information and necessary action. 1. Accountant General, Uttaranchal, Oberoi Bhawan, Majra, Dehradun. 2. Secretary, Hon. Governor, Uttaranchal. 3. Director, Higher Education, Haldwani, Nainital. 4. Director, School Education, Uttaranchal, Dehradun. 5. Director, Technical Education, Uttaranchal. 6. Registrar, Garhwal Univ., Srinagar, Gharwal, Kumaon Univ., Nainital / Univ. of Agriculture and Technology, Pantnagar, Nainital. 7. Director, Treasury and Financial Services, Asstt. State Infernal Auditor, Uttaranchal. 8. Divisional Commissioner, Kumaon / Garhwal. 9. All District Magistrates, Uttaranchal. 10. All Finance Officers / Treasury Officers, Uttaranchal. 11. Regional Provident Fund Commissioner, Uttaranchal. 12. All sections of Edn. Deptt./Agriculture and Watershed Section. 13. All sections of Finance Deptt. 14. Director, NIC Dehradun. 15. Guard File. By Order Sd/- Additional Secretary 4. There is no dispute, as is evident from the orders issued to the petitioners after they attended the age of superannuation, at the age of 60 years, that each of the petitioners was working on 18th June, 2005 in the University on re-employment, whereby the petitioners obtained a 4 temporary Government employee status. Thus, there cannot be any dispute that the petitioners were still employees of the University and were under the disciplinary authority of the University. The question is, whether such employees were addressed while the order dated 18th June, 2005 was issued by the Government. As it appears to us, the Government, by the said order dated 18th June, 2005, benefited only those employees, who reached the age of superannuation, at the age of 60 years, on or after 18th June, 2005 and not to those who had reached the age of superannuation, at the age of 60 years, before 18th June, 2005. In those circumstances, despite the petitioners working in the University on 18th June, 2005, we are of the view that the petitioners were not entitled to the benefits of the said Government Order dated 18th June, 2005, they having reached the age of superannuation, at the age of 60 years, much prior to 18th June, 2005. 5. We, accordingly, dispose of the writ petition. (V.K. Bist, J.) (Barin Ghosh, C. J.) 18.07.2011 18.07.2011 G