IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.527 of 2010 INDRADEO SHARMA S/O LATE CHAMAROO SHARMA R/O MOH- A.N.SINHA INSTITUTE OF SOCIAL STUDIES, PATNA-800001, QUARTER NO. A-1, P.S. GANDHI MAIDAN, DISTT. PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE HUMAN RESOURCES DEVELOPMENT DEPTT., THROUGH ITS SECRETARY GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER CUM PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 4. THE ANUGRAH NARAYAN SINHA INSTITUTE OF SOCIAL STUDIES, THROUGH ITS CHAIRMAN GANDHI MAIDAN, PATNA-1 5. THE REGISTRAR ANUGRAH NARAYAN SINHA INSTITUTE OF SOCIAL STUDIES, GANDHI MAIDAN, PATNA-1 6. THE DIRECTOR ANUGRAH NARAYAN SINHA INSTITUTE OF SOCIAL STUDIES, GANDHI MAIDAN, PATNA-1 7. THE BOARD OF CONTROL ANUGRAH NARAYAN SINHA INSTITUTE OF SOCIAL STUDIES, THROUGH ITS CHAIRMAN, GANDHI MAIDAN, PATNA-1 ----------- 05. 23.02.2010 Heard learned counsel for the petitioner and the counsel for the Anugrah Narayan Sinha Institute of Social Studies(hereinafter referred to as the Institute). 2. Petitioner who served the institute as professor of Economics has filed this writ application calling upon this Court to restrain the authorities of the institute from superannuating him w.e.f. 31.1.2010 on attaining the age of 62 years as according to the petitioner the Board of Control of the institute under minutes dated 27.5.2009, Anneuxre-7 resolved to grant UGC scale for the academic staff of the institute and thereby accorded its approval for enhancement of the age of superannuation of academic staff of the institute from 62 years to 65 years in compliance of the instruction of the Union of India contained in Clause- F of the letter dated 31.12.2008 communicated to the Education Secretary of the State Government under letter dated 28.2.2009, Annexure-15 to the supplementary affidavit. 3. With reference to the counter affidavit and supplementary counter affidavit filed by the institute learned counsel for the institute - 2 - submitted that Board of Control of the institute in its meeting dated 27.5.2009, Annexure-7 only resolved to grant the UGC pay scale to the academic staff of the institute subject to availability of funds from the ICSSR and Government of Bihar but no decision was taken to enhance the retirement age of the academic staff of the institute from 62 to 65 years. Learned counsel further submitted that as the age of superannuation of the academic staff of the institute has not been enhanced, Registrar of the institute has also passed order dated 11.1.2010, Annexure-9 directing superannuation of the petitioner w.e.f. 31.1.2010 on attaining the age of 62 years. 4. Having heard counsel for the parties, I am satisfied that till date the institute has not taken any decision to enhance the age of superannuation of the academic staff of the institute from 62 to 65 years, petitioner has been rightly superannuated with effect from 31.1.2010 and this application seeking contrary direction is fit to be dismissed. 5. Before parting with this case, I must note the submission of the learned counsel for the petitioner with reference to Clause-P of letter dated 31.12.2008, which is quoted hereunder for ready reference :- Applicability of the Scheme: (i) This scheme shall be applicable to teachers and other equivalent cadres of Library and Physical Education in all the Central Universities and Colleges there-under and the Institutions Deemed to be Universities whose maintenance expenditure is met by the UGC. The implementation of the revised scales shall be subject to the acceptance of all the conditions mentioned in this letter as well as Regulations to be framed by the UGC in this behalf. Universities implementing this Scheme shall be advised by the UGC to amend their relevant statutes and ordinances in line with the UGC Regulations within three months - 3 - from the date of issue of this letter.” 6. The implementation of the UGC scale may be subject to the acceptance of all the conditions mentioned in the letter dated 31.12.2008 and thereby the institute while adopting the UGC scale should have considered the enhancement of the age of superannuation of the academic staff of the institute in the light of Clause-F of the said letter but if the authorities of the institute have not chosen to consider the enhancement of the age of superannuation of the academic staff of the institute while implementing the UGC pay scale, this Court cannot ask the institute to enhance the age of superannuation of the academic staff while accepting the UGC scale. It is for the Board of control of the institute to decide the date on which the Board will enhance the age of superannuation of the academic staff of the institute and the impugned order of superannuation of the petitioner may also be subject to such decision. Petitioner, however, is at liberty to request the concerned authority of the Union, State and the institute to accept the age of superannuation recommended by the UGC, failing which the concerned authority of the Union, State and the institute shall record reasons for not doing so within four weeks of the receipt of the request along with a copy of this order. The Board of Control of the institute should conduct its meeting as per the provisions contained in Clause-5 of the Regulation 1966 every three months provided the quorum is available. Rajesh/ (V.N.Sinha, J.)