Dr. R.S. Sohane vs The State Of Madhya Pradesh

2. On 02.09.1998, the Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Second Amendment Act, 1998 amended the provisions of Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 enhancing the age of superannuation of the Government Teachers from 60 to 62 years. Teachers working in the private aided Colleges were also given the benefit of enhancement of the age of superannuation from 60 to 62 years. On 01.04.2003, the Standing Committee recommended to the University Coordination Committee that it would be appropriate to keep the age of superannuation of Principals, Teachers and employees of private Colleges at par with their counterparts in Government Colleges. The said recommendations of the Standing Committee were 3 approved by the Coordination Committee in its 72 nd meeting held on 07.01.2004.

3. A scheme for revision of pay of Teachers and equivalent cadres in Universities and Colleges was introduced on 31.12.2008 by the Ministry of Human Resources Development, Department of Higher Education, Government of India (2008 Scheme) following the revision of pay scales of the Central Government employees. The 2008 Scheme included enhancement of age of the superannuation of Teachers engaged in class room teaching from 62 to 65 years on the recommendations of the 6th Central Pay Commission. The Government of Madhya Pradesh accepted the recommendations contained in the 2008 Scheme on 16.04.2010. It was resolved that the benefit of the University Grants Commission (‘UGC’) pay scales including the recommendations for enhancement of the age of superannuation to 65 years shall be extended to Principals, Teachers, Librarians and Sports officers serving in Government Colleges and Universities.

4. The University Grants Commission Regulations on Minimum Qualifications for appointment of Teachers and 4 other Academic staff in Universities and Colleges and measures for the maintenance of Standards in Higher Education, 2010 (‘Regulations’) were framed by the UGC in exercise of its powers conferred by Section 26 (1) (d) (e) of the University Grants Commission Act, 1956 (‘UGC Act’). The Appendix to the said Regulations contains the conditions of service of Teachers including the age of superannuation which was fixed at 65 years. The Government of Madhya Pradesh amended the provisions of Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 on 02.05.2011 providing the benefit of enhanced age of superannuation to the Teachers working in Government Colleges from 62 to 65 years.

(5) After any draft returned under sub-section (4) has been further considered by the Executive Council together with any amendment suggested by the Co- ordination Committee it shall again be presented to the Co-ordination Committee with a report of the Executive Council thereon and the Co-ordination Committee may approve or reject the Statute.

(6) The Co-ordination Committee shall not take into consideration nor the Executive Council shall propose the draft of any Statutes or of any amendment of a Statute or of the repeal of any Statute:

19. For the aforementioned reasons, we set aside the judgment of the Full Bench of the High Court and the consequential judgments of the Division Bench of the High Court and direct the Government of Madhya Pradesh to pay salaries to the Teachers in aided private Colleges who are working and also those who have worked till they attained the age of superannuation of 65 years.

20. Accordingly, the Appeals are allowed.