Holding

Teachers in State‑maintained medical colleges are governed by the U.P. Civil Service Regulations, which mandate retirement at 58 years unless expressly extended under Regulation 520; therefore the High Court order was illegal.

Summary

Dr. Ramesh Prasad, a teacher at Moti Lal Nehru Medical College (a college maintained by the Uttar Pradesh Government), filed a writ petition seeking to remain in service until the age of 60, the superannuation age prescribed for university teachers under the U.P. State University Act. The Allahabad High Court ordered the State Government to retain him until 60, without examining the applicable statutes. On appeal, the Supreme Court examined the definitions of "teacher" and "teacher of the University" in Sections 2(18) and 2(19) of the Act and the statutes made thereunder, which set the superannuation age at 60 only for teachers employed by the University or its constituent colleges. The Court held that teachers employed in colleges exclusively maintained by the State Government are governed by the U.P. Civil Service Regulations, which prescribe compulsory retirement at 58 unless an express order under Regulation 520 is issued. Consequently, Dr. Prasad was not entitled to remain in service beyond 58 years. The High Court order was declared illegal, the writ petition dismissed, and the appeal allowed. No costs were awarded as the respondent did not appear.

Issues considered

Whether a teacher employed in a medical college maintained by the State Government is entitled to superannuation at the age of 60 under the U.P. State University Act.
Whether the High Court's order directing continuation of service until 60 years is valid in view of the U.P. Civil Service Regulations and Regulation 520.

Legislation cited

U.P. Civil Service Regulationss. Regulation 459, s. Regulation 520
U.P. State University Act, 1973s. 2(18), s. 2(19), s. 49(d)

Subjects

service lawsuperannuationretirement ageuniversity teacherstate government employeeRegulation 520compulsory retirementmedical collegeU.P. State University ActU.P. Civil Service Regulations

Judgment

STATE OF UTTAR PRADESH AND ORS. A

,
., v.
DR. RAMESH PRASAD

JANUARY JI, 1996

- [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

Service Law :
B

.. U.P. State University Act, 1973-Sections '2(18), 2(19), 49(d)-Statutes
framed--Statute 16.24, 17.01-Superannuation--Teachers working in Medi-
c
cal Colleges maintained by State Govemmenl-Held, not entitled to remain in
employment on attaining the age of 58 years unless express order made by
Government under Regulation 520 of U.P. Civil Service Regulations.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2559 of 1996.
D
From t~e Judgment and Order dated 21.12.90 of the Allahabad High
, Court in C. Misc. W.P. No. 33277 of 1990.
• T.N. Singh, B.M. Sharma and R.B.Mishra for the Appellants.

The following Order of the Court was delivered :
E
Leave granted.

Though notice was sent to the respondent on September 10, 1993 in
usual course, till date the report of the service of notice has not been sent
nor the acknowledgement received. Under these circumstances, the notice F
must be deemed to have been served on the respondent.

The only controversy in this case is whether the respondent-teacher
imparting teaching in Moti Lal Nehru Medical College, Agra is entitled to
remain in service till he attains the age of superannuation of 60 years.
Making such a claim, the respondent filed a writ petition in the High Court. G
The High Court even without considering the relevant provisions had
directed the State Government in the impugned order dated December 21,
1990 in CMWP No. 33277 /90 to continue the respondent in service till he
attains the age of superannuation of 60 years virtually allowing the writ
petition. Calling this order in question, the above appeal by special leave has H
391
392 SUPREME COURT REPORTS [1996] l S.C.R.
A been filed. We have directed the learned counsel to place before us the
relevant Rules. Section 2(18) of lhe U.P. State University Act, 1973 (for
short, "the Act") defines the teacher. The Section reads thus:

"2(18). "teacher" means a person employed for imparting instruction
or guiding or conducting research in the University or in an Institute
B or in a constituent affiliated or associated college and includes a
Principal or Director."

University Teacher has been defined in Section 2(19) of the Act which
reads as under :
c "2 (19) 'teacher of the University' means a teacher employed by the
University for imparting instruction and guiding or conducting re-
search either in the University or in an Institute or in constituent
college maintained by the University"

D By exercising the power under Section 49( d) of the Act, the State
Government had framed the statutes and statute 16.24 prescriqes superannua-
tion of 60 years for the teachers of the University. Under statute 17.01, it is
stated that the provisions of the Chapter shall not apply to teachers of any
college exclusively maintained by the State Government or Local Authority.

E Under Regulation 459 of U.P. Civil Services Regulations, the date of
compulsory retirement of a Government servant (in other words superannua-
tion) is such as may from time to time be prescribed therefor in the Financial
Hand Book, Vol. II. In Fundamental Rule 56(a) contained in the U.P.
Financial Handbook, Vol. II to IV, it is provided thus :
F '
"56(a). Except as otherwise provided in other clauses of this rule,
the date of compulsory retirement of a Government servant, other
than a Government servant in inferior services, is the date on which
he attains the age of 58 years. He may be retained in service after
the date of compulsory retirement with the sanction of the Govern-
G ment on public grounds, which must not be retained after the age
of 60 years except in very special circumstances."

Regulation 520 of the U.P. Civil Services Regulations also envisages
that an officer who is in receipt of a superannuation or retiring pension shall
not be re-employed or continue to be employed in service paid from general
H
STATE v. RAMESH PRASAD (DR.) 393
revenues or from a local fund, except on public grounds. Extension or re- A
employment on extension of the terms of employment may be given under
the circumstances enumerated thereunder, which read as under :

(i) By the Government of India in the Administrative Department
concerned, when the pensioner served before retirement of a Gazetted
appointment directly under the Government of India or belonged to B
an Imperial Service or Imperial Branch of any Service, or was an
officer, who before retirement, has a post usually filled by officers of
an Imperial Service or Branch;

(ii) In other cases, by the State Governmen: under whose adminis- C
tration the pensioner is re-employed;

(iii) By any authority, subordinate to a State Government, when the
State Government may delegate its powers under this article in respect
of pensioner re-employed in establishments under the control of such
authority. D
NOTE :- A State Government may declare that the restrictions

.. contained in this Article shall not apply to any particular local fund
or to local funds of any particular class in its territories,. or that they
shall apply subject to such modifications as it may direct."
E
It would thus be clear that the University teachers are governed by the
Act and the statutes made thereunder. By operation of Statute 16.24, the
superannuation of a University teacher has been prescribed at 60 years. The
teacher of any college exclusively maintained by the State Government or a
Local Authority is a Government servant governed by the Regulations referred F
to hereinbefore. The statutes made under the Act envisage that the University
teachers are a class for whom specific age of superannuation has been
prescribed under the statute governed by the provisions of the Act, whereas
the teachers, though are working in the Medical Colleges maintained by the
State Government, are governed by the State Government Service Rules
G
prescribed in the Regulations which prescribes the superannuation on attaining
the age of 58 years. Thus the doctor-teachers working in the Medical Colleges
maintained by the State Government are not entitled to remain in employment
'< on attaining the age of 58 years, unless there is an express order made by
Government covered by the Regulation 520 of the U.P. Civil Services
Regulations. The order of the High Court is ex facie illegal. If the respondent H
394 SUPREME COURT REPORTS [1996] 1 S.C.R.
A remained in service after he attained 58 years, by virtue of the order of the
Court, he must be deemed to have retired on his completing 58 years with
resultant consequences.

The appeal is accordingly allowed. The order of the High Court is set
aside and the writ petition stands dismissed. No costs as the respondent is not
B appearing.

G.N. Appeal allowed.