PANAJI
The Bombay High Court at Goa has ruled in favour of two retired workshop instructors at the Goa Engineering College who were asked to retire at the age of 60 after the management told them they were not eligible to retire at the age of 62 as they were non teaching staff.
The two instructors -- Rajan Madathil and Suvas Naik -- approached the High Court claiming that “being members of the teaching staff of the Goa College of Engineering, which is affiliated to the Goa University [they] ought to have been permitted to continue in service until they attained the age of 62 years.
However, the Goa government told the court that neither of them were “Teachers” as defined by the All India Council for Technical Education (AICTE) and therefore, were ineligible for the benefits of the provisions under Section 15A of the said Act.
They pointed out that the AICTE Regulation of 2010 contemplates only three designations of teachers in University and College namely Assistant Professor, Associate Professor, and Professor. “Admittedly, the Petitioners were neither of these and therefore, ineligible to continue in service until they attain the age of 62years,” the state told the court.
However, the court in its ruling disagreed with the government.
“In the context of grant of benefit of enhanced age of superannuation from 58 to 60 years, the State vide order dated 11th October 2000 had considered “instructor” as a member of the teaching staff. There is other material on record to indicate that the petitioners were actually discharging teaching duties and were always considered as members of the teaching staff,” the High Court bench of Justice M S Sonak and Bharati Dangre ruled.
“Section 15A of the said Act provides that the retirement age on superannuation of the teaching staff of the Goa University and the affiliated colleges of the Goa University, whether aided by the Government or not, including the Principals of such colleges, shall be sixty-two years. Since the Petitioners were the members of the teaching staff of Goa College of Engineering, which is admittedly a college affiliated to the Goa University, the petitioners were entitled to the benefits of the provisions in Section 15A of the said Act and entitled to continue in service until they attain the age of 62 years,” the court ruled.
