IMPORTANT POINT
The interpretation of the word 'any' in legal provisions should be context-specific and should be read in conjunction with related definitions and statutes.

JUDGMENT :

Soumen Sen, J.

1. Both the appeals involving similar question of law and fact, are taken up together and disposed of by this common judgment.

2. The respondents in the writ petition have filed separate appeals arising out of the order dated 28th August, 2023.

3. The question involved in the writ petition is with regard to the extension of the age of retirement of the petitioner in terms of a notification dated 24th February, 2021.

4. Subha Prasad Nandi Majumdar, the writ petitioner in WPA 16596 of 2023 hereinafter referred to as the “writ petitioner” was appointed as a teaching staff at Cachar College Silchar which was subsequently converted into a Government College by a statutory notification.

5. He served the said college for about 16 years. He was selected for the post of the Secretary, Faculty Council for post-Graduate Studies in Science at Burdwan University on 5th November, 2007. He was promoted to the post of Senior Secretary, Faculty Council for Post-Graduate Studies in Science with effect from 26th January, 2012.

6. The Registrar of Burdwan University by the impugned notice dated 28th June, 2003 informed the petitioner that he would retire from the service of the University on 31st August, 2023 on completion of 60 years of age.

7. The writ petitioner challenged the impugned notice dated 28th June, 2003 on the ground that in terms of the notification dated 24th February, 2021 the retirement age for the relevant post was enhanced to 65 years.

8. The learned Single Judge accepted the contention of the writ petitioner and allowed the writ petition. This order has been challenged by the State and the Burdwan University.

9. Mr. Arka Kumar Nag, learned Senior Counsel appearing on behalf of the University/appellant has submitted that the writ petitioner is not entitled the benefit of the notification dated 24th February, 2021 as he lacks teaching experience in a State-aided University or College in West Bengal. The past Service rendered by the writ petitioner at Cachar College is irrelevant and not covered by the notification dated 24th February, 2021. The service rendered at Cachar was not a criteria for appointment of the writ petitioner to the post of Secretary, Faculty Council for Post Graduate Studies in Science under the University.

10. Mr. Nag has referred to a notification dated 13th June, 2003 issued by the assistant Secretary of the department of Higher Education in which the State has clarified that a State-aided University or College teacher who joined the University Service from the other State would not come within the purview of the notification dated 24th February, 2021 since the expression “State-aided University or College” contained therein applies only to any University/College aided by the Government of West Bengal. This qualification has not been properly considered by the learned Single Judge while interpreting the government Order dated 24th February, 2021.

11. Mr. Biswabrata Basu Mallick, the learned Counsel appearing for the State has referred to the affidavit-in-opposition filed by the State. Mr. Mallick has principally supported the interpretation of the expression State-aided University or College put forth by Mr. Nag.

12. Mr. Mallick has referred to paragraph 4 sub paragraphs 7, 8 and 9 of the affidavit-in-opposition to show that various States in India have different ages to superannuation of teaching staff in University and Colleges.

13. Mr. Mallick wants the court to read the expression “any State-aided University or College” mentioned in the Memorandum dated 24th February, 2021 in the light of the aforesaid fact.

14. Mr. Mallick submits that the aforesaid expression shall mean and can only mean colleges and universities in the State of West Bengal.

15. Per contra Mr. Saptansu Basu learned Senior Counsel appearing on behalf of the writ petitioner has submitted that he was appointed to the said post after taking into account his past service as a teaching staff at Cachar College and therefore the w