Technical institute faculty in Chandigarh to retire at 65 not 58: HC

Published on May 22, 2021 01:41 AM IST

In a significant judgment, the Punjab and Haryana high court has held that retirement age for faculty of institutes governed under norms of All India Institute of Technical Education (AICTE) will be 65 years and not 58 as fixed by Chandigarh administration

A set of faculty members of Government College of Arts and Government College of Architecture, Chandigarh, had moved Central Administrative Tribunal (CAT) challenging the 1992 rules. However, in 2020, the CAT had dismissed their plea. (HT FILE PHOTO)
A set of faculty members of Government College of Arts and Government College of Architecture, Chandigarh, had moved Central Administrative Tribunal (CAT) challenging the 1992 rules. However, in 2020, the CAT had dismissed their plea. (HT FILE PHOTO)
By, Chandigarh

In a significant judgment, the Punjab and Haryana high court has held that retirement age for faculty of institutes governed under norms of All India Institute of Technical Education (AICTE) will be 65 years and not 58 as fixed by Chandigarh administration. The court also directed that the petitioners who have been forcibly superannuated be taken back with consequential benefits.

The high court bench of justices AG Masih and AK Verma set aside the 1992 rules adopted by Chandigarh administration according to which retirement age of faculty of institutes such as Government College of Arts and Government College of Architecture, Chandigarh, was fixed at 58 years. The high court held that retirement age of such faculty will be 65 years with an extension period of five years as applicable in central government institutes.

A set of faculty members of these two colleges had moved Central Administrative Tribunal (CAT) challenging the 1992 rules. However, in 2020, the CAT had dismissed their plea.

Their argument was that their institutes are governed under AICTE Act, 1987, and rules with regard to regulations on pay scales, service conditions etc. would apply as followed by all AICTE governed institutes.

The UT had argued that the services of the petitioners are covered by the rules framed under 1992 notification according to which Punjab government service rules have been adopted. Hence, retirement age would remain at 58 years.

The high court bench said in the case of the Union Territories, the rule-making power belongs to the President. This power under Article 309 and the rules framed will operate and will have a force of law, unless and until Parliament chooses to legislate on the subject. “Once the Parliament legislates, such Act and the rules/regulations framed there under, would take over the field resulting in the rules framed by the president under proviso to Article 309 seizing to operate forthwith,” the court said referring to AICTE Act.

The court said that under AICTE Regulations, 2010, the age for superannuation was 65 years with a provision for re-employment up to the age of 70 years.

To the argument that funds for the colleges are provided by the UT, the court said that these are central government funds and UT is merely utilising them.

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