18 July 2024 Civil Appeals >> Civil & Consumer Law  

In a recent legal battle between Jamia Millia Islamia vs Shakeel Ahmad, the University and one of its former employees, a Research Assistant, the Delhi High Court delivered a significant judgment that upheld the employee's entitlement to retire at the age of 65 years, akin to Teachers within the university.

The case revolved around the appellant, Jamia Millia Islamia University, challenging a judgment that favored reinstatement and retirement benefits for the respondent. The respondent, who had served as a Research Assistant since 1986, argued that his extensive duties—including teaching undergraduate and postgraduate classes, designing courses, setting exam papers, and evaluating answer sheets—equated him to a Teacher under university norms.

Jamia Millia Islamia University contended that the respondent's initial appointment as a Research Assistant defined his retirement age at 60 years, as per university regulations. They relied on notifications from the Ministry of Human Resource Development (MHRD) and University Grants Commission (UGC), which excluded Research Assistants from the category eligible for retirement at 65 years, reserved for designated Teachers (Assistant Professors, Associate Professors, and Professors).

The court's deliberation centered on Section 2(n) of the Jamia Millia Islamia Act, 1988, which defines "Teachers of the University" broadly to include individuals imparting instruction or conducting research. They cited precedents and university regulations emphasizing that the actual duties performed, rather than the specific job title, should determine entitlement to benefits like retirement age.

Key to the court's decision were various internal university committee recommendations recognizing the respondent's teaching role and endorsing retirement at 65 years. These recommendations underscored the respondent's integral role in academic activities over his decades-long tenure.

In its ruling, the Delhi High Court affirmed the lower court's decision, dismissing Jamia Millia Islamia University's appeal. The court concluded that the respondent's substantial teaching responsibilities aligned with those of Teachers as defined by university regulations. Therefore, they should be entitled to retire at 65 years, despite being initially appointed as a Research Assistant.

This judgment not only clarifies the interpretation of university regulations but also underscores the importance of considering the actual duties performed by employees in determining their entitlements. It sets a precedent for cases where employees in similar roles may seek parity with designated Teachers in terms of retirement benefits and other related privileges.

The court's decision serves as a significant milestone in employment law within educational institutions, emphasizing fairness and equity in recognizing the contributions of all personnel involved in academic and research activities.