The Karnataka High Court (HC) has dismissed a plea by a former dean of a faculty looking for enhancement of retirement age from 62 to 65, stating this could have an effect on the state exchequer and creation of job alternatives.
Chidanand P Mansur, who had served as dean of College of Agricultural Sciences at Hanumanamatti in Haveri district, had challenged the clause 30(8) of the University Statutes 1964 which prescribed the superannuation age of deans at 62. Mansur cited the UGC Regulations 2018 which prescribes 65 because the age of superannuation.
He contended that the central guidelines override the State legislation as, after the forty second Amendment to the Constitution of India, Education was shifted to the Concurrent List.
The authorities advocate nonetheless contended that the UGC Regulations don’t mandate 65 years because the age of superannuation for Agricultural Universities established by the state governments.
The choice is with the State, and Karnataka has prescribed 62 years because the age of retirement by way of its order on October 28, 2009, he submitted.
In a latest judgement, a division bench of Justice Krishan S Dixit and Justice Krishna Bhat of the HC, dismissed the the previous dean’s plea, and said if his petition is allowed, hundreds of workers in numerous universities and affiliated schools throughout Karnataka would proceed in workplace for a further three years ‘and eventually there would be no vacancies for fresh appointments’.
The HC famous, “This is not desirable. At what age the public servants like teachers in the universities and constituent colleges should retire is purely within the domain of the state executive, which bears the expenditure towards salary, emoluments and terminal benefits.” It additional added that such selections are to be taken by the Legislature and Courts wouldn’t usually intrude in them.
“Whether it is prudent to retain old blood or to infuse fresh one is best left to the wisdom of the state executive and the universities,” the courtroom famous.
With inputs from PTI.
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Source: www.financialexpress.com”