The Punjab and Haryana high court has held that Panjab University (PU) teachers are not entitled to retiral benefits for the period served beyond the retirement age of 60 years.
While disposing of a clutch of petitions from the former faculty members and the university pending since 2017, the high court said the university is liable to pay leave encashment as per the Panjab University Act, 1947.
The matter had reached the high court in 2014 when some faculty members approached the high court demanding that retiral benefits be released to them for the two-year period they served beyond the age of retirement age. The single judge bench in 2017 found that the increase in retirement age was not approved by the government and held that teachers are not entitled to other retiral benefits. However, it observed that leave encashment be given as per university rules. Both university and teachers had filed appeals against this order in 2017.
The issue dates back to 1996 when UGC announced revision of pay scales and also provided for the increase in the retirement age of faculty to 62 years in universities. It was not implemented by the varsity and faculty approached the high court in 2002 and some teachers were allowed to work up to 62 years. In 2008, the high court dismissed their pleas and held that in the absence of any regulation framed by the university, faculty are not entitled to continue beyond the age of 60 years.
{{/usCountry}}The issue dates back to 1996 when UGC announced revision of pay scales and also provided for the increase in the retirement age of faculty to 62 years in universities. It was not implemented by the varsity and faculty approached the high court in 2002 and some teachers were allowed to work up to 62 years. In 2008, the high court dismissed their pleas and held that in the absence of any regulation framed by the university, faculty are not entitled to continue beyond the age of 60 years.
{{/usCountry}}The court observed that as per regulations framed by Panjab University, the maximum age of superannuation of a teacher is 60 years, and no extension can be granted beyond 60 years. “The Panjab University is not a central university, thus, any regulation framed by the UGC which is contrary to state legislation is having no primacy,” it said, adding that the teachers were allowed to continue for two years beyond the age of superannuation under interim orders from the court and they were paid a salary. Retiral benefits, if any, are to be given as per the regulations till the age of superannuation, it said.
It is to be recalled that university teachers have lost a fresh round of litigation before a single judge bench, also instituted in 2014, in which they were demanding that their retirement age be increased to 65 years. The appeal is pending before a division bench. Last month, the high court vacated a stay order according to which teachers were serving up to the age of 65 years. On the day the order was made available, the university relieved 58 faculty members.