Cabinet decisions require formal orders to be enforceable; without such orders, claims for retirement age extension are not valid.

ORDER :

Heard Mr. F. Khan, learned counsel for the petitioner, who submits that a direction should be issued to the respondent authorities, to increase the retirement age of the petitioner from 60 years to 65 years and to reinstate the petitioner in service.

2. The petitioner’s counsel submits that the petitioner was serving as a Principal in Paschim Barigog Anchalik Mahavidyalaya, Baranghati. He submits that the said college was a private college affiliated with the Gauhati University.

3. The petitioner’s counsel submits that the Cabinet had taken a decision on 19.09.2012, to raise the age of retirement of all Professors of educational institutions, including medical colleges, from 60 years to 65 years. Accordingly, the petitioner’s retirement age should have been extended to 65 years. However, he was made to retire on 24.10.2019, on attaining the age of 60 years.

4. As the petitioner’s representation to the authorities for extension of his retirement age had not been decided, the petitioner filed WP(C) 6887/2019. WP(C) 6887/2019 was disposed of, vide order dated 13.09.2019, by giving liberty to the petitioner to submit a detailed representation to the authorities, regarding his claim for enhancement of the age of superannuation, which was to be decided by the authorities concerned.

5. The petitioner thereafter submitted a representation dated 30.09.2019, in compliance of the order dated 13.09.2019 passed WP(C) 6887/2019, which was rejected by the respondents, vide letter dated 24.10.2019, issued by the Director of Higher Education, Assam.

6. The contents of the letter dated 24.10.2019 issued by the Director of Higher Education, Assam states as follows:-

“Sub: Regarding

WP(C) No. 6887/2019

titled Prabhat Ch. Kalita -Vs-State of Assam and others.

Ref: Your letter dated 30-09-2019.

Sir,

With reference to the subject cited above, I have the honour to state that there is no Govt. order till now regarding extension of the age of superannuation to 65 years. As you are going to complete 60 years of age on 31 October, 2019 afternoon, you will retire from service on reaching the age of superannuation of 31-10-2019 positively.”

7. The petitioner’s counsel submits that similarly situated persons have had their age of superannuation extended and as such, the respondents could not have discriminated against the petitioner, by not extending his date of superannuation. He also submits that the petitioner having been appointed as a Principal of the college, he is deemed to be a Professor.

8. Mr. S. Das, learned counsel for the Higher Education Department submits that just because the petitioner has been appointed as a Principal does not mean that he is a Professor, since there is no appointment order against the petitioner as a Professor. He also submits that the appointment order of the petitioner as a Principal states that he is a Lecturer, which has been redesignated as Assistant Professor. He also submits that the present issue has already been decided by the Division Bench of this Court in WA 161/2020 (Rupak Kumar Brahma vs. the State of Assam and 3 ors.), which was disposed of by this Court, vide order dated 01.11.2021.

9. The respondents’ counsel submits that as no Government order has been issued implementing the Cabinet decision on 19.09.2012, for raising the age of retirement of Professors, which is, in any event, not applicable to the petitioner, there is no ground to claim enhancement of the retirement age to 65 years. As such, the writ petition has no merit.

10.  I have heard the learned counsels for the parties.

11. As can be seen from the rejection of the petitioner’s representation for enhancement of his retirement age, the stand of the State respondents is that the Government has not issued any order in pursuance to the Cabinet decision on 19.09.2012, extending the age of superannuation to 65 years.

12. Article 166 of the Constitution states as follows:-

“166. Conduct of business of the Government of a State.-

(1) All execut