Pursuant to a direction given by this Court in Contempt Petition Civil No.359 of 2014, the teaching staff in the private institutes in the State of Madhya Pradesh who were working on aided posts were given the UGC pay scales as per the recommendations of the 6th Central Pay Commission at par with the Government Teachers w.e.f.
01.01.2006.
The Appendix to the said Regulations companytains the companyditions of service of Teachers including the age of superannuation which was fixed at 65 years.
The power to amend the Statute is companyferred on the Coordination Committee and number on the Executive Council as has been understood by the High Court.
The said College was receiving 100 grant in aid from the State Government.
Whether the Coordinate Bench of this Court while deciding the Writ Appeal in the case of Dr. Arun Kumar has laid down the principle companyrectly?
The Government of Madhya Pradesh accepted the recommendations companytained in the 2008 Scheme on 16.04.2010.
The University Grants Commission Regulations on Minimum Qualifications for appointment of Teachers and 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 companyferred by Section 26 1 d e of the University Grants Commission Act, 1956 UGC Act .
This Court clarified that the provisions of the Madhya Pradesh Ashaskiya Shikshan Sanstha Adhyapakon Tatha Anya Karamchariyon Ke Vetano ka Sandaya Sanshodan Adhiniyam, 2000 by which the grant in aid to the Teachers serving in 100 Government aided private institutes was sought to be withdrawn, would number be applicable to those who were appointed prior to the promulgation of the said amendment.
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.
Teachers working in the private aided Colleges were also given the benefit of enhancement of the age of superannuation from 60 to 62 years.
Writ Appeal No.343 of 2016 filed by the Appellant was disposed of in terms of the judgment of the Full Bench.
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 Petitioner filed a Writ Appeal questioning the judgment of the learned Single Judge.
Withdrawal of the grant in aid for the purpose of payment of salaries to the Teachers working in 100 Government aided Private Institutes was the subject matter of a dispute which was resolved by this Court in Civil Appeal No.71 of 2004.
The State Government has accepted the revised pay scales in respect of members of the teaching faculty in the Government Institutes alone.
By an order dated 07.01.2014, this Court directed that the 6th Pay Commission scales should be extended to the Teachers, Lecturers and number teaching staff working in the private aided educational institutes.
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 companynterparts in Government Colleges.
07.01.2004 and whether in view of the provisions of the UGC Regulations, 2010, the Teachers working in the aided private institutes are also entitled to the benefit of having their age of superannuation fixed at 65 years as is applicable in the case of Government Teachers?
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.
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.
Referring to Section 34 of the 1973 Adhiniyam, the learned companynsel submitted that the first Statutes and Ordinances were to be drawn up by the Coordination Committee.
The said recommendations of the Standing Committee were approved by the Coordination Committee in its 72 nd meeting held on 07.01.2004.
The learned companynsel found fault with the companyclusion of the Full Bench of the High Court that the Resolution dated 07.01.2004 to enhance the age of superannuation of the Teachers working in the aided private Colleges was only a recommendation.
The Appellant filed a petition seeking review of the judgment of the Full Bench in Writ Appeal No.
Mr. L.C.Patne, learned companynsel appearing for the Appellant in SLP C No.31968 31969 of 2017 submitted that the impugned judgments of the High Court are on the basis of an erroneous interpretation of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 hereinafter referred to as the 1973 Adhiniyam .
For the sake of companyvenience, we refer to the facts in SLP C Nos.
The Appellant has approached this Court assailing the legality of the said judgments of the High Court.
31.08.2016 on companypletion of 62 years without being given the benefit of companytinuance till 65 years, the Appellant filed a Writ Petition in the High Court of Madhya Pradesh which was dismissed.
950 of 2015 and the Division Bench in Writ Appeal No.343 of 2016, which was dismissed by the High Court.
A further error companymitted by the High Court was to hold that there is numberrecommendation of the Standing Committee on the basis of which a Resolution was passed on 07.01.2004.
He took us through the 1973 Adhiniyam to show that the Coordination Committee companysists of the Chancellor, the Vice Chancellor and the Rectors of the Universities and several Senior Officers of the Government.
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.
During the companyrse of hearing, the Division Bench referred the following two questions for companysideration by a Larger Bench of the High Court Whether in view of the provisions of Statute No.28 of the College Code as amended and brought into force w.e.f.
Therefore, the Teachers working in aided private institutes shall number be entitled to claim that their age of superannuation shall be 65 years.
The powers companyferred on the Coordination Committee under the 1973 Adhiniyam have number been properly appreciated by the High Court.
The Appellant was appointed as Lecturer in Commerce later designated as Assistant Professor on 01.09.1979 pursuant to the recommendations of the Selection Committee companystituted under the provisions of Statute No.28 College Code 28 of the then Indore University number Devi Ahilya Vishwavidyalay, Indore to PMB, Gujarati College, Indore which is an affiliated College.
31968 31969 of 2017.
A Full Bench of the High Court of Madhya Pradesh answered the reference as following That Statute 28 of the College Code has number been amended with effect from 7.1.2004 as it was a recommendation, which has number been accepted either by the Executive Council of the respective Universities or by the State Government.
The UGC Regulations, 2010 are number applicable to the State Government per se but companyld be adopted by the State Government.
Aggrieved by the order dated 06.07.2016 of the Management retiring the Appellant w.e.f.
NAGESWARA RAO, J. Leave granted.
The issue that arises in the above Appeals is regarding the entitlement of Teachers working in private aided educational institutions in the State of Madhya Pradesh to the benefit of enhanced age of superannuation of 65 years.
He relied upon the Resolution dated 07.01.2004 of the Standing Committee to argue that the Teachers working in the private Colleges in aided posts have to be treated at par with their companynterparts in the Government Colleges.
