IUST Constituent Faculty Retirement Age Is 60, Rules J&K&L HC
Table of Contents
- Case Title: Asmat Parveen v. Islamic University of Science and Technology and Another
- Case No.: WP(C ) No. 969/2026
- Coram: HON’BLE THE CHIEF JUSTICE(ACTING), HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
- Court Observation
Case Title: Asmat Parveen v. Islamic University of Science and Technology and Another
Case No.: WP(C ) No. 969/2026
Coram: HON’BLE THE CHIEF JUSTICE(ACTING), HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
Court Observation
“In the absence of any specific challenge laid to the University Executive Council decision and the consequent University Order dated 11.11.2020, the petitioner was bound by the University Statutes as they existed at the time of her attaining the age of 60 years. As is clarified above, the age of superannuation of the teaching faculty of the constituent Colleges of the University at the time of retirement of the petitioner was 60 years. The University has thus committed no illegality in retiring the petitioner on attaining the age of 60 years.”
“Whether the classification of teachers of constituent Colleges of the University for the purpose of a lower age of retirement vis-à-vis their counterparts working in the University campus is legally permissible or not is not the subject matter of adjudication in this petition. Suffice it to say that the University followed the Statutes and retired the petitioner on attaining the age of 60 years.”
“While ratifying the action of the Vice Chancellor, the Executive Council, which is the competent authority to take a decision in this regard, excluded the teaching faculty of constituent Colleges of the University from the benefit of enhanced superannuation age of 62 years.”
“The University Order dated 11.11.2020 has to be read in the light of the decision of the Executive Council taken on 4th July 2020 in its 10th meeting, which makes it clear beyond any pale of discussion that the age of superannuation of the teaching faculty of the University is 62 years. However, the teaching faculty of the constituent Colleges, like the petitioner, would not be entitled to the benefit of the enhanced age and shall retire on attaining the age of superannuation of 60 years.”
“In the absence of any specific challenge laid to the University Executive Council decision and the consequent University Order dated 11.11.2020, the petitioner was bound by the University Statutes as they existed at the time of her attaining the age of 60 years.”
“Whether the classification of teachers of constituent Colleges of the University for the purpose of a lower age of retirement vis-à-vis their counterparts working in the University campus is legally permissible or not is not the subject matter of adjudication in this petition. Suffice it to say that the University followed the Statutes and retired the petitioner on attaining the age of 60 years.”
“The age of superannuation of the University teachers right from the beginning was 60 years. It was enhanced by the Executive Council to 65 years, but this was made subject to the assent of the Chancellor. The Chancellor never gave the assent. The Vice Chancellor, in exercise of the powers conferred upon him under Clause 3 (5) of the Schedule of the Act, raised the age of superannuation of all teachers of the University from 60 to 62 years, subject to ratification by the Executive Council.”
IUST Constituent Faculty Retirement Age Is 60, Rules J&K&L HC
