Determination of retirement age of university teachers purely in the domain of state executive, Karnataka HC – Times of India

Bangalore: The age at which public servants like teachers in universities/constituent colleges should retire is purely under the jurisdiction of the state executive, which bears the cost of salaries, emoluments.

and terminal benefits, the Dharwad bench of the High Court has observed in a recent judgment.

“Whether to retain the old blood or pour out the new is best left to the knowledge of the state executive and the universities. Ultimately, “the old system turns, gives place to the new and God fulfills Himself in many ways.” …… Alfred Tennyson (1809-1892)” said a division bench headed by Justice Krishna S Dixit in its order.

Dismissing a writ appeal filed by Chidananda R Mansoor, Dean of the University of Agricultural Sciences (UAS), Dharwad, the bench has also noted that since several financial and other factors enter into the process of adjudication in such matters, the courts Enterprises cannot easily intervene in that, the value of such factors is not judicially appraised by manageable standards.

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Further, the Bench also pointed out that there are thousands of employees in various universities and constituent and affiliated colleges and said that if the prayer sought is accepted, all these employees will continue to hold an additional post in the office. There will be no vacancies for a period of three years and eventually, fresh appointments.

“This is not desirable. The UGC, in its discretion, has left it to the State Universities to fix the retirement age. This concession, if any, is not challenged by the appellant/petitioner,” the bench further said in its order.

Mansoor had earlier filed a petition seeking a direction to continue his services till the age of 65 as per the UGC norms.

However, on April 28, 2022, the single bench had dismissed the said petition, pointing out that the UGC had actually left the issue to the respective state universities to take a decision in the matter.