IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6534 of 2009 ====================================================== 1. Secretary, Bihar State Up Sastri Sanskrit Mahavidalya/College Teachers Association Employees, through Babu Kant Jha, Son of late Jagdanand Jha, resident of Village Lahta, P.O. Lahta, P.S. Manjaha District Darbhanga at present, Secretary, Bihar State Upshastri Mahavidalaya Teachers Association Employees. 2. Balmiki Prasad Singh, Son of Sri Saligram Prasad Singh, Resident of village – Sambenho, P.O. S.S. Barari, P.S. Sambho, District – Begusarai, at present Lecturer, Hathua Raj Sanskrit Upsastri College, Mandiri, Patna. .... .... Petitioners. Versus 1. The State of Bihar through, Secretary (Higher Education), Human Resources Department), New Secretariat, Patna. 2. The Registrar, Kameshwar Singh Darbhanga Sanskrit Viswavidalaya, Kameshwar Nagar, Darbhanga. 3. The Vice Chancellor, Kameshwar Singh Sanskrit University, Darbhanga, Kameshwar Nagar, Darbhanga. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Ram Suresh Rai, Sr. Advocate Mr. Suresh Gandhi, Advocate For the State : Mr. Neeraj Kumar, Advocate For the K.S.D. University: Mr. S.S. Sundaram, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 04/ 09-09-2011 Heard counsel for the petitioners, the State and the counsel representing Kameshwar Singh Darbhanga Sanskrit University. Counter affidavit has been filed on behalf of the State as well as University. This writ application has been filed in representative capacity by the Bihar State Upshastri Sanskrit College Teachers Patna High Court CWJC No.6534 of 2009 (4) dt.09-09-2011 2 / 6 2 Employees Association through its Secretary. The relief prayed by the petitioner is for quashing of the order passed by the Registrar, Kameshwar Singh Darbhanga Sanskrit University contained in Memo No. 9432/07 dated 14.9.2007, whereby the age of the superannuation of teachers working in Upshastri Colleges has been held to be 60 years in place of 62 years. This order has been communicated to the Principals of the Upshastri Colleges as a guideline for administrative purposes. Petitioner’s further prayer is for a direction to the respondents to allow them to continue on the post of Lecturer till they attained the age of 62 years, which is the date of superannuation of College teachers under Section 67 of the Bihar State University Act, 1976. The members of the petitioner association are Lecturers/Teachers working in different Upshastri Colleges. Their case is that Upshastri level college was established prior to 1978 as old Vidyalaya in the name of Hathua Raj Sanskrit Vidyalaya and later on recognized as Sanskrit College by the State and the financial liability of the institution was taken over by the State Govt. and Kameshwar Singh Darbhanga Sanskrit University. The Kameshwar Singh Darbhanga Sanskrit University and the State of Bihar made a joint venture for classification of old institutions, which also included Upshastri Collges, vide Patna High Court CWJC No.6534 of 2009 (4) dt.09-09-2011 3 / 6 3 Resolution dated 27th November, 1975, and a decision was taken that institutions which imparts education up to School level will be governed and controlled by Bihar Sanskrit Shiksha Board and the institutions, imparting education starting from +2 level and onwards, will be under the control of Kameshwar Singh Darbhanga Sanskrit University. The issue relating to the payment of salary to the teachers/lecturers of Upshastri Colleges was under dispute. The State Govt. was of the view that Upshastri Colleges since imparting education of +2 levels as such their pay scale will be equivalent to the teachers of the Higher Secondary School. The lecturers and teachers of Upshastri Colleges were demanding their salary in the pay scale equivalent to the College Teachers/Lecturers. C.W.J.C. No. 11271 of 1992 was filed by one of the teacher of Upshastri College and this issue was considered and decided by the Division Bench, and the finding that fixation of salary of Upshastri Colleges Teachers in I.A. trained scale teacher is arbitrary. Since, Upshastri Colleges are affiliated to the University, as such salary of the teaching employees of such institutions will be fixed in the pay scale, equivalent to Teachers/Lecturers of the College. Writ petitions’ salary cannot be paid in the pay scale of I.A. trained teachers of High Secondary Patna High Court CWJC No.6534 of 2009 (4) dt.09-09-2011 4 / 6 4 School. In this writ application also the State Govt. as well as University in their counter affidavits had taken a stand that since Upshastri Colleges are not receiving any financial grant from UGC and entire financial burden is shouldered by the State Govt., as such they are entitled for the pay scale of Higher Secondary School Teachers. This stand of the University and the State Govt. did not find to be correct and proper by the Division Bench and a direction was issued to the State Govt. for passing fresh speaking order fixing the salary of Upshastri College teachers in the pay scale of College Teachers; considering that they are under the control of the University. In the present case the dispute relates to the age of the retirement of the petitioners. Counsel for the petitioner submits that earlier the superannuation age of teachers of Upshastri Colleges used to be decided according to the retirement age of College Teachers as provided under Section 67 of the Universities Act. When the age of superannuation of the teachers in colleges was enhanced to 62 years, teachers of Upshastri Colleges superannuates at 62 years, in pursuance of Section 67 of the University Act when it was reduced to 60 years, age of superannuation of teachers of Upshastri Colleges were also reduced. Now when the age of superannuation of teachers in Patna High Court CWJC No.6534 of 2009 (4) dt.09-09-2011 5 / 6 5 different colleges including the college in which petitioner are working has been enhanced vide notification dated 1.4.2006 to 62 years, there is no reason for not enhancing the age of the superannuation of the petitioners, who are also being governed by the provisions under the Bihar State Universities Act, 1976 and its amended provisions. In the counter affidavit of the State and the University it has been stated that the teachers of Sanskrit College (Upshastri level) do not come under the purview of UGC, therefore, the benefit of any scheme of the UGC, relating to pay scale and retirement age is not being extended to them. The State Govt. is only providing finances, for payment of their salary as such the petitioners cannot claim any benefit which is allowed to the teachers of the colleges under the UGC scheme. The teachers of the college of Upshastri level are State Govt. employees and they will have to retire attaining the age of 60 years. I find that the statement made in the counter affidavit of the University and the State cannot be accepted, since, the Division Bench in C.W.J.C. No. 11271 of 1992 has already decided that the teachers of the Sanskrit Colleges of Upshastri level are the employees of the University, they are governed by the University Act and all benefits including pay scale and age of Patna High Court CWJC No.6534 of 2009 (4) dt.09-09-2011 6 / 6 6 superannuation, as provided under the Bihar State Universities Act, is applicable in this case. Issue already decided, cannot be re- opened by the State and the University, by not extending the benefit of enhanced age of superannuation to the petitioner and other teachers of Upshastri level Colleges, from 60 to 62 years. For the reasons stated above, the notices issued by the Registrar, Kameshwar Singh Darbhanga Sanskrit University, to the petitioners intimating that they will be retiring on attaining 60 years of age is quashed. Petitioners will be deemed to have continued on the post till they attained 62 years of age. In case they have not yet reached 62 years of age, they will continue on the post till attaining 62 years of age. In case 62 yeas of age have already been attained by the petitioners, they will be deemed to have retired on attaining the age of 62 years of age. For the period in between 60 to 62 years they will be entitled for their salary and other terminal benefits, only attaining age of 62 years they will be deemed to have retired and entitled for retiral benefits as provided, to the teachers under the Universities Act. This application is allowed. DKS/ (Mridula Mishra, J)