retire is purely within the domain of the state executive, which bears the expenditure towards salary, emoluments
and terminal benefits, the Dharwad bench of the high court has observed in a recent judgement.
“Whether it is prudent to retain old blood or to infuse fresh one is best left to the wisdom of the state executive and the Universities. After all, “Old order changeth, yielding place to the new and God fulfills himself in many ways ……..” said Alfred Tennyson (1809-1892)” a division bench headed by Justice Krishna S Dixit have said in their order.
Dismissing a writ appeal filed by Chidanand R Mansur, Dean of University of Agricultural Sciences( UAS), Dharwad, the bench has also noted that since a host of financial and other factors enter the fray of decision making in such matters, the courts cannot readily venture interference therein, the worth of such factors not being assessable by judicially manageable standards.
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Dwelling further, the division bench also pointed out that there are thousands of employees in various Universities and in the constituent and affiliated colleges and added that if the prayer, as sought for, is granted, all these employees would continue in the office for an additional period of three years and eventually, there would be no vacancies for fresh appointments.
” This is not desirable. The UGC, in its wisdom, has left to the State Universities to prescribe the age of superannuation. That concession if at all that be, is not put in challenge by the appellant/petitioner” the bench further noted in their order.
Mansur had earlier filed a petition seeking for a direction to continue his services till attainments of 65 years, in terms of UGC regulations.
However, on April 28,2022, a single bench had dismissed the said petition, pointing out that the UGC had in fact left the issue to the concerned state universities to take a decision in the matter.