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A. S. SUPEHIA, MAUNA M. BHATT
GUJARAT AYURVED UNIVERSITY – Appellant
Versus
LAXMIBEN MAHESHBHAI MAKWANA – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present appeal, filed under the provisions of Clause 15 of the Letters Patent, 1865, emanates from the judgment dated 02.07.2021 passed by the learned Single Judge, wherein and whereby the learned Single Judge has allowed the writ petition filed by the respondent No. 1 for enhancement of the age of superannuation from 58 years to 60 years.
2. Learned advocate Mr. D.G. Shukla appearing for the appellant-University has submitted that the learned Single Judge fell in error in allowing the writ petition since the respondent No. 1, who was serving in the appellant-University and employees like her are governed by the State Government Rules and accordingly, her age of retirement is 58 years and she reached the age of superannuation on 30.09.2017. He has submitted that the learned Single Judge ought to have appreciated the fact that the notification dated 14.10.2020 issued by the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, which emphasis the age of employees working in the Institution of Post Graduate Teaching and Research in Ayurveda, Jamnagar (IPGTRA) and Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar and the Indian Inst
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
Service Matter – Age of retirement – 1 - Every Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixty years:2- Government ....
The Court held that the enhancement of age of superannuation to 62 years is a policy decision of the State Government and does not automatically apply to employees governed by independent Bye-laws.
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
(1) Whether age of superannuation should be enhanced is a matter of policy. If a decision has been taken to enhance age of superannuation, date with effect from which enhancement should be made falls....
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
increasing the age of superannuation only in the case of Professors, there is no violation of Article 14 of the Constitution of India, as alleged, for the simple reason that whereas equals cannot be ....
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