File compliance affidavit by Jan 31: CAT to UT Adviser

Chandigarh, January 20

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Adviser to the UT Administrator and the Education Secretary of the Chandigarh Administration to file compliance affidavit by January 31 this year in a contempt petition filed by a retired professor of the Post Graduate Government College, Sector 11.

In the contempt petition, Dr Brahm Parkash, professor and former acting principal of the college, alleged that the UT Administration was intentionally disobeying orders issued by CAT on March 21 last year. He stated that many teachers of the government colleges approached the tribunal for directing the Administration to not retire them at the age of 58 under the Punjab rules. They also relied on the judgment of the Punjab and Haryana High Court passed in Dr Joginder Pal case.

Allowing their applications, CAT directed the Administration to permit the petitioners to continue in the service till the age of 65 as provided under the UGC regulation mandating 65 as the retirement age for all teachers in centrally funded institutions.

As per the order, the applicants, who stood relieved in terms of the Punjab rules on attaining the age of superannuation, shall be given an option to rejoin. They will get notional benefits from the date of relieving and on rejoining.

Further, the Education Secretary was also directed to ensure that a uniform system is adopted by all colleges in case of retired employees within a period of six weeks from the date of receipt of a certified copy of this order.

The Bench has also dismissed a review application filed against the March 21 order by the respondents in April last year. The respondents also challenged the order before the High Court, but no stay order was granted.

The petitioner said in view of the order, he submitted an option to rejoin the services, but no action was taken by the respondents on it. He said the orders passed by the Bench were required to be complied with in six weeks, but the respondents failed to do so.

The petitioner prayed before the Bench that in view of the order, the respondents may be summoned, tried and dealt with in accordance with the Contempt of the Court (CAT) Rules-1992.

After hearing the arguments, the Bench comprising Ramesh Singh Thakur, member (J), and Rashmi Saxena Sahni, member (A), directed the respondents to file compliance affidavit by January 31.