Judgment:
CWP No.22728 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh 208 CWP No.22728 of 2011 Date of decision:5 .5.2014 Rattan Lal Jain ......Petitioner Versus Union of India and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.M.K.Singla , Advocate, for Mr.Dinesh Singh, Advocate, for the petitioner.
Mr.Gurminder Singh, Sr.Advocate with Mr.Yogyadeep Singh, Advocate, for the respondents.
**** SABINA, J.
This petition has been filed by the petitioner challenging ordeRs.letter dated 4.1.2011 (Annexure P-6) and 12.11.2011 (Annexure P-8).Case of the petitioner, in brief, is that he was appointed as Professor, Head of the Department of Pedodontics and Preventive Dentistry and had been re-designated as director/ principal of the college on 24.12.2004 as per UGC Grades.
Respondent No.2, Dental Council of India issued letter dated 29.11.2006 (Annexure P- 1) enhancing the age of retirement of teaching faculty from 65 years to 70 yeaRs.Thereafter, letter dated 18.7.2008 (Annexure P-2) was issued, wherein, it was mentioned that medical teachers working in Devi Anita the medical department of the private dental colleges could be 2014.05.12 16:34 I am approving this document Chandigarh CWP No.22728 of 2011 2 appointed up to the age of 70 yeaRs.Thereafter, respondent No.2 issued another letter dated 16.1.2009 (Annexure P-3) to the effect that professORS.readers of dental faculties were eligible for internal/ external examineRs.Vide letter dated 12.3.2009 (Annexure P-4).it was mentioned that the post graduate guide qua post graduate students should be up to the age of 67 years only.
However, petitioner came to know that the college was going to retire him on his attaining the age of 65 yeaRs.Petitioner moved representation dated 5.8.2011 (Annexure P-7).However, the college had issued letter dated 12.11.2011 (Annexure P-8) conveying to the petitioner that he would be relieved from service on 31.12.2011 after attaining the age of 65 yeaRs.Hence, the present petition.
Learned counsel for the petitioner has submitted that the petitioner was entitled to continue in service up to 70 years in terms of the decision taken by respondent No.2- college.
Learned senior counsel for respondent No.2, on the other hand, has submitted that the petitioner had already retired from service.
The council had not recommended the age of dental faculty from 67 to 70 years in dental college.
It was only recommended that the teaching faculty, who had attained the age of 65 years before 19.12.2009 and were continuing their teaching in the same institution could be considered up to the age of 70 years in the same institution only.
Appeal filed by the petitioner was dismissed.
Case of the petitioner is that he was entitled to continue in Devi Anita service up to the age of 70 years in view of the letters placed on 2014.05.12 16:34 I am approving this document Chandigarh CWP No.22728 of 2011 3 record issued by Dental Council of India.
Relevant portion of Annexure P-1, letter issued by Secretary, Incharge, Dental Council of India reads as under:- “I am directed to state that that the Dental Council of India has approved the retirement age of teaching faculty from 65 to 70 only for professor/ Reader etc.and not to administrative positions like Dean/ Principal etc.and the said age relaxation will be reviewed after two years.”
.
Annexure P-2 reads as under:- “I am directed to state that the Govt.
of India vide their letter No.V.12025/8/2006-DE dated 11.3.2008 has submitted the following policy decision as requested by DCI:- "Extension of services of the retired medical teachers working in the medical departments of the private Dental College on yearly basis up to the age of 70 years subject to the condition that the teachers should be in healthy state of mind and body."
The above said policy decision is communicated to you for your information and guidance.
Please acknowledge the receipt of this letter.”
.
Annexure P-4 reads as under:- “In continuation to this office letter No.DE-22-2006/13727 dated 29.11.2006, I am directed to state that the Devi Anita Executive Committee of the DCI at its meeting held on 2014.05.12 16:34 I am approving this document Chandigarh CWP No.22728 of 2011 4 27.2.2009 has decided that since the Government of India, Ministry of Health & Family Welfare, New Delhi has increased the age limit of dental teachers from 65 to 70 years for Professor/Reader etc.and not to administrative position like Dean/Principal/HOD, the Dental PG faculty as per DCI norms may be allowed to become a PG guide in respect of PG students up to the age of 67 years only so that the students enrolled under them may complete their dissertation work before appearing in their final year examination.”
.
Annexure P-6, letter dated 4.1.2011 issued by Officiating Secretary, Dental Council of India reads as under:- “I am directed to refer to your letter No.GNDDC/2010/1/2657 dated 20.12.2010 on the subject mentioned above and to say that the retirement age for the dental faculty colleges shall be considered up to The age of 65 years only.
However, the dental faculty who is continuing in the same institution after 65 years of age on or before 20th December, 2009 may be considered up to the age of 70 years subject to medical fitness.”
.
Thus, in the present case, although, vide Annexure P-1 dated 29.1.2006, the retirement age of the teaching faculty was increased from 65 years to 70 years only for professor/ readers and not for the posts like Dean, principals but the said decision was liable to be reviewed after two yeaRs.Thereafter, Annexure P-6, letter Devi Anita dated 4.1.2011 was issued, whereby, the retirement age for dental 2014.05.12 16:34 I am approving this document Chandigarh CWP No.22728 of 2011 5 faculty/ colleges was to be taken as 65 yeaRs.however, the dental faculty, which was continuing in the same institution after 65 years of age on or before 20.12.2009 was allowed to be considered up to the age of 70 years subject to medical fitness.
As per the additional short affidavit dated 5.10.2012 filed by the Officiating Secretary, Dental Council of India, the Council had decided in the meeting held on 19 and 20th December 2009 not to recommend to the Government of India for grant of age relaxation of dental faculty from 65 to 70 years in the interest of candidates of younger generation.
Apparently, the said decision was taken with a view to provide employment to the younger generation.
It was further decided that those, who had joined the dental faculty before 20.12.2009, after completion of 65 years of age, may continue till attaining the age of 70 yeaRs.Thus, conscious decision was taken by the Dental Council of India in its general body meeting held on December, 2009 that the age of retirement of dental faculty should not be increased from 65 to 70 yeaRs.In the appeal filed by the petitioner for invoking uniformity in the enforcement of instructions with regard to enhancement of retirement age of dental teachers from 65 to 70 yeaRs.following decision was taken by respondent No.2 vide Annexure R-2/2:- “I am directed to refer to your letter NO.GNDDC/2011/2442 dated 05.08.2011 and to say that the General Body of the DCI in its meeting held on 24th & 25th September, 2011 at Kolkata considered your letter Devi Anita 2014.05.12 16:34 referred to above, on the above mentioned subject, I am approving this document Chandigarh CWP No.22728 of 2011 6 thereby requesting DCI to enhance the retirement age of dental teachers from 65 years to 70 years on the analogy of medical teachers working in medical colleges to avoid inconstancy and ambiguity as well as to take a decisive action on certain vital issues which warrant immediate resolution and verdict to make the policies and procedures once for all to avoid discrimination and injustice.
The Council after some discussion decided as under:- “The Council does not recommend for increase the age of dental faculty from 65 to 70 in the dental institution.
However, the teaching faculty who attained the age of 65 years before 19th of December, 2009 and continue their teaching in same institution can be considered upto the age of 70 years in the same institution only.”
.
The above said decision of the General Body is communicated to you for your information and necessary action".
Thus, respondent No.2 had taken conscious decision not to increase the age of retirement of dental faculty from 65 to 70 years keeping in view the interest of younger generation.
No ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE May 5, 2014 Devi Anita anita 2014.05.12 16:34 I am approving this document Chandigarh