OA NO. 1952/2008, MA NO. 1944/2008, MA NO. 1945/2008 along with OA NO. 2289/2008, MA NO. 1943/2008, OA NO. 2290/2008, OA NO. 2291/2008, OA NO. 2292/2008, OA NO. 2293/2008, OA NO. 2359/2008, OA NO. 2731/2008. Case: 1. Dr. Mohd. Akhtar Hussain, S/o Subhan Khan, 2. Professor J.S.Gill S/o Sardar Bachan Singh, 3. Dr. Kamlesh Mittal w/o Late Shri Vijay Kumar Mittal, 4. Professor S.A.Shaffi S/o Late Shri S.S.Sahib, 5. Dr. Brahm Prakash, S/o Shri Ram Narain, 6. Dr. Brijraj Kishore Sharma, 7. Dr. Surja Kumari, 8. Dr. Kamla Bhutani Vs 1. Union of India through The Secretary, Govt. of India, New Delhi, 2. Secretary, Government of India, New Delhi, 3. National Council of Education of Research & Training, through The Director, New Delhi, 4. University Grants Commission, through The Secretary, New Delhi. Central Administrative Tribunal
| Case Number | OA NO. 1952/2008, MA NO. 1944/2008, MA NO. 1945/2008 along with OA NO. 2289/2008, MA NO. 1943/2008, OA NO. 2290/2008, OA NO. 2291/2008, OA NO. 2292/2008, OA NO. 2293/2008, OA NO. 2359/2008, OA NO. 2731/2008 |
| Counsel | For Appellant: Shri K.K. Patel and For Respondents: Shri A.K.Bhardwaj, Ms. Deepa Rai for Sh. R.K.Singh |
| Judges | Mr. Justice V.K. Bali, Chairman and Mr. L.K.Joshi, Vice Chairman (A) |
| Issue | Service Law |
| Judgement Date | January 20, 2009 |
| Court | Central Administrative Tribunal |
Order:
Mr. L.K.Joshi, Vice Chairman (A), (Principal Bench)
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We are dealing with all these OAs in this common order with the consent of counsel for all the parties as these are founded on common facts and questions of law.
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The only question to be decided in these OAs is whether the Members of the academic staff of the National Council of Educational Research and Training (`NCERT for short) are eligible for enhancement of the age of superannuation from 62 to 65 years on the basis of the notification dated 23.03.2007 issued by the Ministry of Human Resource Development (MHRD), the first Respondent herein. By the aforesaid notification, the age of superannuation of all persons who were holding teaching positions on regular employment against sanctioned posts as on 15.03.2007 in any of the centrally funded higher and technical education institutions under MHRD would be enhanced from 62 to 65 years. The first Respondent has informed the NCERT, the third Respondent vide letter dated 27.08.2008 (Annex A-1) that the proposal dated 15.04.2008 (Annex A-4 colly) of the third Respondent for enhancement of the age of superannuation of academic staff of NCERT from 62 to 65 years could not be considered by the first Respondent because the Executive Committee of NCERT in its 92nd meeting held on 24.12.2007 did not approve the proposal for enhancement of age of the academic staff of NCERT. This order has been assailed in all these OAs.
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For facility of reference, we are extracting the facts from OA No.1952/2008, Dr. Mohd. Akhtar Hussain Vs. Union of India and others.
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The Applicants in these OAs are members of the academic staff and have either retired from service on superannuation after attaining the age of 62 years or are on the verge of retirement.
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The age of superannuation of the teachers in the Universities and Colleges was enhanced from 60 to 62 years following the recommendations of the V Central Pay Commission (V CPC) by the letter dated 27.07.1998 of the first Respondent. By notification dated 11.11.1998, the age of retirement of the academic staff of the NCERT was also enhanced from 60 years to 62 years with effect from 27.07.1998, the date of notification issued by the MHRD and adopted by the Central Universities (Annex A-9). The first Respondent reviewed the age of superannuation for the reasons, as stated in the aforementioned notification dated 23.03.2007 in the light of the existing shortage in teaching positions in the centrally funded institutions in higher and technical education institutions under MHRD and also in the context of the Governments decision to expand the capacities of such Institutions for increasing access to higher education and for implementing the policy of reservation for the weaker sections without affecting the number of seats in the unreserved category available through general merit. This was necessitated because of the Governments decision to reserve 27 per cent of seats for the OBC category students in the institutions of higher and technical education.
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The NCERT comprises the following constituent units, which are located in different regions of the country:
(i) National Institute of Education (NIE), New Delhi
(ii) Central Institute of Educational Technology (CIET), New Delhi
Pandit Sunderlal Sharma Central Institute of Vocational Education (PSSCIVE), Bhopal
Regional Institute of Education (RIE), Ajmer
Regional Institute of Education (RIE), Bhopal
Regional Institute of Education (RIE), Bhubaneswar
Regional Institute of Education (RIE), Mysore
North East Regional Institute of Education (NERIE), Shillong
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As seen from the annual report of the NCERT for the year 2008, the NIE undertakes research and development activities related to pedagogical aspects of curriculum; prepares prototype curricular and supplementary materials; develops school educationrelated database and undertakes experiment in pre-school, elementary, secondary and higher secondary stages to support all-round development of the child. NIE also organizes inservice training of key resource persons and teacher educators associated with implementation of centrally sponsored school improvement schemes. The CIET is concerned with development of educational technology. The CIET disseminates its software through broadcast and non-broadcast modes. The PSSCIVE organises research, development, training and extension programmes related to vocational education. The RIEs cater to the educational needs of teachers in the States and Union Territories under their jurisdiction. The introduction of 27 per cent reservation for OBCs, already alluded to in the preceding paragraph was also made effective in the RIEs. The RIEs were also directed by NCERT, the third respondent by letter dated 23.07.2008 (Annex A-23 colly) to introduce 27 per cent reservation for OBCs. It is undisputed that the academic staff of the NCERT and the teaching staff of the RIEs are borne on a common cadre and interchangeability between the headquarters academic staff and the teaching staff in the RIEs exists.
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Professor J.S.Gill, who is the Applicant in OA No.2289/2008 before us in this batch of cases filed an earlier OA No.1113/2007 praying for enhancement of age of retirement from 62 to 65 years. Another OA No.1280/2007 was also filed before this Tribunal by Dr. M. Chandra, Professor in the NCERT on the same grounds and with the same prayer. These OAs were considered in a common order dated 31.07.2007 in which the Tribunal directed the MHRD to take a final decision on the reference of the NCERT dated 5.06.2007 regarding enhancement of the age of retirement from 62 to 65 years following the circular dated 23.03.2007, by a detailed and speaking order by keeping the observations of the Tribunal in mind within a period of two weeks from the date of receipt of a copy of the order. The order further stated that in case the decision was not in favour of the Applicants, they would be at liberty to take up appropriate proceedings. The Applicant approached the Honourable Delhi High Court in WP (C) No.5635/2007 expressing apprehensions that the Respondents would not dispose of the matter in the time given by the Tribunal. The Honourable Delhi High Court noted that the interests of the petitioner were well protected by the order of the Tribunal and there was no need to interfere with the aforesaid order. When the decision regarding enhancement of age of superannuation was not taken within the time given by the Tribunal, an MA No.1557/2007 was filed for revival of OA No.1113/2007. The Tribunal by its order dated 11.09.2007 allowed revival of the OA. It was noted in the aforesaid order dated 11.09.2007 that the MHRD had left the decision regarding enhancement of age of superannuation on the NCERT. The NCERT was directed to take a decision within six weeks from the date of receipt of a copy of the aforesaid order. The Respondents filed an MA No. 2157/2007 on 31.11.2007 for extension of time for implementing the aforesaid order stating therein that the Establishment Committee of the NCERT had recommended the enhancement of age of superannuation of the academic staff from 62 to 65 years. The minutes of the proceedings of the Establishment Committee (Annex A-17) are placed at pages 173 to 176 of the paper book. The Establishment Committee has taken note of the litigation referred to above and decided after detailed deliberations to recommend to the Executive Committee of the NCERT for adoption of the MHRDs circular dated 23.03.2007 regarding enhancement of the age of superannuation of the academic faculty from 62 to 65 years in the NCERT.
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The matter came up before the Executive Committee in its meeting dated 24.12.2007. The minutes of the meeting are placed at Annex A-2. These are quoted below in toto:
Agenda 8: To consider and approve the proposal for
Enhancement of the age of superannuation of the academic faculty from 62 to 65 years in the Council Implementation of Govt. of India, MHRD circular No.F.1-19/2006/U1 dated 23rd March, 2007 and No.F.1-19/2006/U2 dated 19th April, 2007 and UGC circular No.F.3-1/94/PS(Vol.9) dated 3.3.2007 in the Council regarding.
Secretary, NCERT gave a background of the proposal and mentioned about the court case relating to this matter in which Honble CAT had directed respondent NCERT to take a final decision as to enhancement of age to 65 years within a period of 6 weeks from the date of receipt of the copy of the order. Shri R.K.Singh, Legal Advisor, who was present in the meeting as a special invitee, informed that the time given by the CAT had already expired and the Council had sought extension of time till 2nd January, 2008, and therefore, matter was needed to be decided within the given time frame.
While supporting the proposal, Professor Shantha Sinha, Prof. Mridula Mukherjee, Prof Santosh Sharma, Prof Jadhao and Prof G Ravindra mentioned that the NCERT followed the UGC guidelines in respect of pay, recruitment, and promotion etc. and therefore, the notification dated 23.3.2007 issued by MHRD, Department of Higher Education should be made applicable to the faculty of NCERT. Director, NCERT pointed out that the faculty of NCERT including that in the Regional Institutes of Education was treated as a common cadre irrespective of their place of posting at a particular period of time. He further mentioned that apart from RIEs, diploma courses like Guidance and Counseling, Early Childhood Care, and Peace Education etc., and some other training programmes involving teaching were also offered in the National Institute of Education located in the NCERT campus.
Joint Secretary & Financial Adviser, MHRD drew the attention to the context in which notification dated 23.3.2007 had been issued by MHRD. He elaborated that this notification for enhancement of age of superannuation had been issued to overcome the shortage of existing teachers in the centrally funded institutions in the higher and technical education because of...
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