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10. As regards the Colleges affiliated to the Nagpur University, the conditions of service of the academic staff therein were governed by its Ordinance No. 24 viz. the College Code, However, as regards the Government Colleges admitted to the privileges of the Nagpur University, Clause 2(2) of the said College Code Ordinance No. 24 provided that Articles 24, 25, 26, 27, 28, 31, 33, 34, 35, and 36 of the said Ordinance were only made applicable to them and the remaining provisions were not.

11. It is material to see that as per Clause 38(2) of the said College Code Ordinance No. 24, the teachers in the affiliated Colleges were required to be appointed on a written contract as prescribed in Schedule A to the said Ordinance which was a statutory contract as held by the Full Bench of this Court in the case of Premlata v. G.S. Tombe College, 1981 Mah.L.J. 332 (F.B.), with the result that whether such a written contract was actually executed or not, the terms and conditions laid down therein were binding upon the parties. It is para 4 of the said statutory contract Form in Schedule A which provides for age of superannuation as 60 years for the teachers in the affiliated Colleges. However, as referred to hereinbefore since the provisions of Clause 38 of the said College Code Ordinance No. 24 were not applicable to the Government Colleges affiliated to the Nagpur University, the said provision in para 4 of the statutory contract of service relating to retirement incorporated in Schedule A of the College Code Ordinance No. 24 was applicable to the teachers in the non-Government affiliated Colleges only and the teachers in the Government Colleges affiliated to the Nagpur University were not governed by the said provision relating to retirement incorporated in the said Schedule A of the College Code Ordinance No. 24.

24. However the note below Annexure II of the aforesaid G.R. dated 9-10-1979 contains a clarification that as regards the age of superannuation laid down in Clause (vii) thereof, the instructions given in the aforesaid Government letter dated 13-12-1978 should be followed. But perusal of the letter of the State Government dated 13-12-1978 shows that there is no clarification given in the said letter in respect of the age of retirement of the teachers in the Agricultural Universities and the Colleges affiliated to them. It is, however, pertinent to see that the non-Government Colleges affiliated to the Agricultural Universities were prior to formation of separate Agricultural Universities affiliated to Nagpur University and according to the College Code Ordinance No. 24 applicable to the teachers of the Non-Government Colleges affiliated to the Nagpur University their age of retirement as provided in para 4 of the statutory contract of service in-corporated in Schedule A thereof was 60 years which age of retirement is maintained as per 2 Clause (vii) of Annexure II of the G.R. dated 9-10-1979.

28. Since the aforesaid Statute No. 138 has adopted and has made applicable to the academic staff of the Agricultural University and its affiliated Colleges, Maharashtra Civil Services Rules, then in view of Rule 10(1) of the Maharashtra Civil Services (Pension) Rules, 1982, (for short the Pension Rules), the age of retirement for the academic staff of the Agricultural University and its affiliated Colleges is 58 years save for the exception carved out in Clause (2) of the said Statute No. 138 in respect of the employees of the affiliated Colleges and the institution for whom the service contracts provide for a different age of retirement not exceeding 60 years. We have already pointed out hereinbefore that so far as the affiliated Colleges, viz. Shri Shivaji College of Agriculture, Amravati and Anandaniketan College of Agriculture, Warora, are concerned, the age of retirement for the teachers in the said Colleges was 60 years as the statutory service contract incorporated in Schedule A of the College Code Ordinance No. 24 of the Nagpur University continued to be applicable to them even after their affiliation to the Agricultural University i.e. the P.K.V. It is, thus, clear that under Statute No. 138, which is applicable with effect from 12-7-1990, the age of retirement for the academic staff of the Agricultural Universities is 58 years.

64. What is important to be seen is that for the University teachers and the non-Government affiliated Colleges as shown hereinbefore, the age of retirement laid down in the Ordinance No. 122 and the College Code Ordinance No. 24 was 60 years whereas for the teachers in the Government Colleges affiliated to the Nagpur University their age of retirement was regulated by the Government rules i.e. initially Rule 161(a) of the B.C.S.R. and thereafter by Rule 10(1) of the Pension Rules. What we emphasise is that the University teachers, the teachers in the non- Government affiliated Colleges and the teachers in the Government affiliated Colleges from the very beginning formed separate Classes regulated by the separate rules relating to their conditions of service and even as regards their recruitment as we have shown hereinbefore, the recruitment procedure was also different since so far as the University teachers were concerned their recruitment was regulated by section 57 of the Nagpur University Act, 1974 and as regards the Government Colleges their recruitment was through the M.P.S.C. As regards the non-Government affiliated Colleges although the recruitment of teachers therein was initially through a Committee constituted under the College Code Ordinance No. 24, however, after the recommendations of the U.G.C. which were accepted by the State Government as per its G.R. dated 25-10-1977, the Nagpur University issued Statute No. 8 of 1979 to adopt the procedure of recruitment given in the recommendations of the U.G.C. incorporated in the G.R. dated 25-10-1977. It is thus clear that even in the non-Agricultural Universities, the teachers in the Government Colleges are treated as a separate Class, even after the recommendations of the U.G.C. referred to above.