JUDGMENT :

Sudhanshu Dhulia, J.

Heard Mr. KN Choudhury, learned senior counsel assisted by Ms. P Borah, learned counsel for the appellant. Also heard Mr. TC Chutia, learned Additional Senior Govt. Advocate, Assam, appearing for respondent Nos.1 to 3, Mr. NC Das, learned senior counsel assisted by Mr. A Das, learned counsel for respondent Nos.4, 5 and 6 and Mr. A Chamuah, learned Standing Counsel, UGC, for respondent Nos.8 and 9.

2. This writ appeal has been filed by an Associate Professor of Dibrugarh University (now retired), retired during the pendency of the writ appeal. The writ appellant was an Associate Professor in Dibrugarh University, which is a State University. The petitioner was aggrieved by an order passed by the Government of Assam (which had the approval of the State Cabinet), wherein it was decided that the age of retirement of all Professors of educational institutions including medical college stands increased to 65 years. The grievance of the petitioner was that although the age of superannuation was being increased from 60 to 65 years but this benefit was given only to Professors. In other words, it left out Associate Professors and Assistant Professors as in their