College lecturer’s retirement age increase: High Court made big decision

College lecturer’s retirement: The petitions filed by the lecturers, principals and associate professors working in state government aided and unaided composite colleges (Colleges) seeking to increase the retirement age from the current 60 years to 65 years have been dismissed by the Karnataka High Court. College lecturer’s retirement age increase: High Court made big decision.

The bench clarified that the petitioner’s contention that the teachers working in the aided colleges should also be treated at par with the UGC scales of the teaching community as the teachers of the universities are paid according to the UGC scale of pay cannot be accepted.

The single bench judge clarified that university lecturers represent a different category of employees. To be considered at par with UGC scales. The procedure of recruitment in each category is different. The recruitment procedure is framed by the service status and legislation applicable to teachers and there is no uniform and uniform recruitment and process service conditions.

The bench said that it would justify treating each category differently and constitute a separate category. The court held that different age limits of retirement for these different categories cannot be considered discriminatory.

The court passed this judgment while dismissing the petitions challenging the government order. The state government also increased the retirement age of teaching community of universities under UGC norms from 60 years to 62 years.

What is the applicant’s contention?

Revised UGC Pay Scale has been extended to teaching staff of Government Composite Colleges. But it was argued that there was discrimination only with regard to the age of retirement. While recruitment of teaching faculty in universities and government colleges is done by the government, service conditions, recruitment, pay scales, increments for tenure and academic performance indicators are all governed by UGC guidelines. But the petitioners have argued that the disparity in retirement age is reflected here.

It was submitted that all educational institutions registered under Section 12B of the UGC Act, 1956 should be treated similarly. The petition stated that the state of Karnataka has adopted the UGC scheme and the UGC regulations must be implemented without any modification.

The state government opposed the plea

The state government has opposed the plea that only certain aspects of the revision of UGC pay scales for the teaching community working in government and aided colleges have been accepted and the UGC recommendations have not been accepted as retirement.

The UGC said that while the pay scales are applicable to the entire teaching community, other service conditions such as superannuation, age of superannuation, probationary period, pension benefits and so on are governed by state government rules.

State Government Provision for Appointment of Guest Lecturers

It was also submitted in the petition that as the State Government has made provision for appointment of guest lecturers to reduce the teaching workload, there is no need to increase the retirement age in respect of the teaching community of the State Government/Universities.

After analyzing the judgments of the Supreme Court and other High Courts, the bench said that the state government will take an appropriate decision regarding adoption of the retirement age provided under the UGC.

The bench outright rejected the contention of the petitioners that they were entitled to increase the retirement age of teachers to 65 years. The reference states that if the scheme is sought to be extended to universities, colleges and other institutions of higher education under the purview of the State Legislature, the payment of Central assistance for the implementation of the scheme shall be fully conditional.

Also Read: Education Department important information for 5th, 8th class students

Must adhere to UGC conditions

It has been informed that the scheme shall be implemented by the State Government and the Universities and Colleges as an integrated scheme without any modification except the date of implementation with all the conditions lay down by the UGC through regulations and other guidelines.

The court clarified that the existing provisions regarding retirement and re-employment of teachers will continue. The court held that the communication addressed to the education secretaries of all the states cannot change the previous government regulations.