The Lucknow Bench of the Allahabad High Court has directed the state government to increase the retirement age of teaching staff in Lucknow University from 62 years to 65 years.
A single bench of Justice Om Prakash Shukla passed this order while hearing a petition filed by Dr Prem Chandra Mishra.
It is the case of the petitioners that they were entitled to be allowed to continue their services as teachers in the university concerned till the age of 65 years and relied on three identical orders passed by a coordinate bench of the Court in similar situations.
All the petitioners have common ground, that in all these cases, it was directed to the state government to incorporate the necessary amendments in the respective university statues, so as to raise/ increase the age of superannuation from the existing 62 years to 65 years.
The petitioner, in the writ petition claims to have been working as a Professor (Psychology) in the University of Lucknow, wherein he superannuated on attaining the age of 62 years in July 2020.
However, since the petitioner was extended the session benefit, he retired in June 2021.
It is the common submission of the counsels for the petitioners that the Government of India through the Ministry of Human Resources Development, department of Higher Education had decided to increase the age of superannuation for all persons holding teaching positions on regular employment against sanctioned posts as in March 2017 in any of the centrally funded higher and technical education institute under the said Ministry.
In the said chronology, the Government of India, on the recommendation of the University Grant Commission has also decided to revise the pay scale of teachers in Central Universities subject to the various provisions of “Scheme of pay scales as contained in Government Order dated 31.12.2008”.
It is the case of the petitioners that although the salaries of the teachers in the state universities, including the Lucknow university, were revised under the scheme, however the Lucknow university failed to modify its statutes so as to bring the age of superannuation of teaching staff in conformity with the said scheme/regulations.