DIPAK MISRA, MIHIR KUMAR JHA
State Of Bihar Through The Principal Secretary, Human Resources Development Deptt. , Govt, Of Bihar, Patna – Appellant
Versus
Prof. (Dr. ) Jagdish Prasad Sharma S/o Late Tipan Prasad Singh,Veer Kunwar Singh University Through Its Registrar,Dr. Gobardhan Singh S/o Late Bhagwan Singh,Harihar Prasad Singh S/o Late Chotu Singh,Dr. Nava Kumar Goswami S/o Late Sachindra Mohan Gosw – Respondent
1. As per Dipak Misra, CJ.Regard being had to the similitude of the contro. versy involved in this batch of letters patent appeals, they were heard analogously and are being disposed of by this common order. As the grievance has been projected in a common canvass, the facts from CWJC No. 2330 of 2009* which has given rise to L.P.A. No. 117 of 2010 are exposited hereinbelow.
2. The seminal issue that emanates for consideration is whether in the backdrop of the letter dated 31.12.2008 issued by the Deputy Secretary, Ministry of Human Resources and Development, Department of Higher Education. Government of India in the context of Section 64 of the Patna University Act. 1976 (for brevity. Patna University Act) and Section 67(a) of the Bihar State Universities Act, 1976 (for short the 1976 Act), the age of superannuation of teachers working in different universities and colleges of Bihar would automatically be enhanced to 65 years in view of the decision of the University Grants Commission (for short the UGC).
3. ***********
4. The writ petitioners-respondents no. 1 & 2 herein were to superannuate on 28.2.2009 and 31.3.2009 respectively. On the recommendations of the UGC, the G
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