Madhya Pradesh High Court
Dr. (Ms.) Kusum Vyas (Mishra) vs Technical Education And Manpower ... on 31 July, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
Writ Petition No.6417/2021
(Dr.(Ms.)Kusum Vyas(Mishra) V/s. Technical Education and
Manpower planning Department and others)
Date: 31.07.2021:
Shri L.C. Patne, learned counsel for the petitioner.
Ms.Vineeta Phaye, learned Govt. Advocate for the respondent/State.
Shri H.Y. Mehta, learned counsel for the respondent no.3.
ORDER
Heard on the question of admission as well as on interim relief.
The petitioner has filed this present writ petition being
aggrieved by notice dated 01.02.2021 issued by the Registrar of the
respondent no.2 and 3 whereby she has been informed about the date
of superannuation from service w.e.f. 31.07.2021.
2. Facts of the case in short are as under:-
i. The petitioner is the citizen of India and resident of Indore.
Respondent no.2 Govindram Seksaria Institute of Technology &
Science (in short GSITS) is the institute imparting the technical
education established in the year 1952 and getting 100% grant from
respondent no.1. The remaining descriptions are given in para 5.3 of
the writ petition which are not necessary to be reproduced in the
judgment.
ii. Vide order dated 25.09.1986 the petitioner was appointed on
the post of Junior Instructor in Chemistry by the Director of GSITS.
According to the petitioner the clause no.1, 2 and 4 reveals that she
was required to take lectures in relation to the degrees and other
courses. Apart from taking practical and assisting the senior staff
members. Vide order dated 05.03.1976 nine posts of Junior Instructor
were sanctioned in the GSITS. The respondent no.1 vide order dated
14.11.1986 and 23.06.1987 has classified the post of Junior
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Instructor to be a teaching cadre post. Time to time GSITS has issued
the prospectus in which the post of Junior Instructor in the chemistry
department has been shown to be a teaching staff post. The petitioner
has obtained the Doctorate of Philosophy (Ph.D.) Degree in the
Applied Chemistry from DAVV vide notification 25.03.1995.
therefore, she fulfills the necessary qualification for teaching in the
technical institution. It is further submitted that she has been granted
2 advanced increments under the policy of UGC and AICTE upon
awarding the Ph.D. Degree. Since from the date of initial
appointment has been engaged in the class room teaching therefore,
she was never given impression from the respondents that she is not
a member of teaching staff in the GSITS.
iii. It is further submitted that AICTE in exercise of its power has
framed the regulation called "All India Council for Technical
Education (Pay Scales, Service Conditions and Qualifications for the
Teachers and other Academic Staff In Technical Institutions (Degree)
Regulations, 2010 (in short Regulation,2010)" has enhanced the age
of superannuation of class room teachers serving in the teaching
institutions and universities from 62 to 65 years w.e.f. 05.03.2010.
The UGC under the University Grants Commission (minimum
qualification for appointment of Teachers and other Academic staff in
university and colleges and measures for the maintenance of standard
in Higher Education Regulation, 2010 has also enhanced the age of
superannuation of teaching staff serving in the Higher Education
Department/Institutions and Universities from 62 to 65 years w.e.f.
18.06.2010. The GSITS in view of the aforesaid regulation has also
enhanced the age of teaching staff from 62 years to 65 years in its
institution. Hence the petitioner is wrongly being retired from
service after attaining the age of 62 years w.e.f. 31.07.2021. Hence
the present petition before this Court.
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3. Since the petitioner is going to retire on 31.07.2021 and
praying for interim relief therefore, the respondent no.2 and 3 have
filed a short reply opposing the interim relief. According to the
respondents as per the AICTE norms there are only three categories
of teaching posts viz. Assistant Professor (Lecturer), Associate
Professor (Reader) and Professor and fix their age of superannuation
up to 65 years. The State Government vide letter dated 17.06.2015
has issued a clarification regarding the age of superannuation of
Class-III (non-clerical cadre) as 62 years hence the petitioner is
rightly being retired from service.
4. Shri Mehta, appearing for the respondent no.3 further submits
that in view of the Madhya Pradesh Govt. Employee (Adhik Varshik
Adhyadesh Sanshodhan 2018) the GSITS has enhanced the age of
other staff (non-teaching) from 60 to 62 years vide circular dated
31.07.2018. It is further submitted that the petitioner has been retired
from service and on 30.07.2021 she has handed over the charge and
relieve from the post hence no case is made out for interim relief.
5. The GSITS is governed under "All India Council for Technical
Education (Pay Scales, Service Conditions and Qualifications for the
Teachers and other Academic Staff In Technical Institutions (Degree)
Regulations, 2010 and the age of superannuation of the different
category of teacher are prescribed in regulation 1 in which the name
of Instructor or Assistant Instructor are not there. The AICTE has
fixed the pay structure for the post of Assistant Professor, Associate
Processor and Professor in teaching institutions and under the same
regulation the age of superannuation has been prescribed. Therefore,
the post of Instructor and Assistant Instructor are not sanctioned
under the Regulation of 2010.
6. The petitioner was initially appointed as Junior Instructor in the
year 1986 and after rendering more than 30 years of service she has
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been retired as Junior Instructor. Had she being in the cadre of
teaching staff she would have promoted to the post of Assistant
Processor or Associate Professor therefore, she was not in a teaching
cadre in the GSITS and under the AICTE Regulation of 2010.
Therefore, age of retirement prescribed by AICTE for Assistant
Processor, Associate Professor and Professor does not apply to the
petitioner.
7. Shri Patne learned counsel for the petitioner has placed strong
reliance over the order dated 14.11.1986 Annexure-P/3 whereby the
State Government has prescribed the age of retirement 60 years for
the employees engaging in teaching work and there is schedule A-B
appended to the aforesaid letter in which the post of Junior Instructor
are treated to be in the cadre of teacher. In schedule A the Junior
Instructor has been treated in the category of teacher only in Govt.
Polytechnic and Mahila Polytechnic as per schedule-A whereas in
non-clerical posts in technical institutions like engineering colleges
there is no such post of Junior Instructor. Undisputedly the GSITS is
an engineering college.
8. As per the clarificatory circular order 17.06.2015 the Director
of Technical Education has clarified that the age of superannuation of
teachers posted in engineering colleges and polytechnic has been
fixed from 62 to 65 years as per the AICTE norms but Class-III
employee (non-clerical) attached in the teaching work there is no
mention about enhancement of age from 62 to 65 years. The Clause-
6 of the circular is reproduced below:-
...6. e/;izns'k 'kklu foRRk foHkkx ea=ky; oYyHk Hkou
Hkksiky ds vkns'k dzekad ,Q 8&[email protected]@fu;[email protected]] fnukad
18 ebZ 2011 ds }kjk e/;izns'k 'kkldh; lsod ¼vf/kokf"kZdh
vk;q½ la'kks/ku vf/kfu;e 2011 e/;izns'k jkti= fnukad 06 ebZ
2011 esa izdkf'kr gS] ds vuqlkj vf[ky Hkkjrh; rduhdh f'k{kk
ifj"kn ¼,-vkbZ-lh-Vh-bZ½ dh vgZrk /kkfjr djrs gks ,oa ,-vkbZ-
- : 5 :-
lh-Vh-bZ- orZeku esa inLFk bathfu;[email protected] egkfo|
ky;ksa ds f'k{kdksa dh vf/kokf"kZdh vk;q 62 ls 65 o"kZ
fu/kkZfjr gSA jkti= es rduhdh f'k{kk foHkkx esa dk;Zjr r`rh;
Js.kh ¼vfyidh; laoxZ½ deZpkjh tks f'k{k.k dk;Z esa layXu gS]
ds fy;s 62 ls 65 o"kZ dh vk;q o`f) fd;s tkus dk mYys[k ugha
gSA"
Therefore, no case is made out for interim relief.
Accordingly the present writ petition is dismissed.
(VIVEK RUSIA)
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, postalCode=452001, st=Madhya Pradesh,
KAMALASAN
2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241ef
fad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1EE901
C09EF29,
serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E
AN 0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT
KAMALASANAN
Date: 2021.08.04 14:26:10 +05'30'
