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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Prabhat Chandra Kalita S/o Late Dulal Chandra Kalita – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. legality of service continuation age. (Para 2 , 3 , 4 , 5 , 6) |
| 2. criteria for professor status. (Para 7) |
| 3. assessment of appellant's claim validity. (Para 8 , 9 , 10) |
| 4. dismissal of the appeal. (Para 11) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. We have heard Mr. J.C. Gaur, learned Advocate for the petitioner.
2. The present intra-court appeal is directed against the order dated 19.03.2025, passed by the learned Single Judge, dismissing the Writ Petition being WP (C) No.3782/2024.
3. By the said writ petition, the petitioner has assailed the order dated 24.10.2019, whereby his claim for continuation of service up to the age of 65 years was rejected.
4. The brief facts of the case for necessary adjudication of the present appeal are that the appellant was appointed as the Principal of Paschim Borigog Anchlik Mahavidyalaya on 26.08.2005, and pursuant to a notification dated 26.09.2012, the Government of Assam had enhanced the age of superannuation of all Professors of educational institutions from 60 years to 65 years. While the college of the appellant was provincialised on 21.01.2014, his service as Principal was provincialised on 25.06.2015. Even though the age of superann
The burden of proof lies on the appellant to demonstrate eligibility for enhanced superannuation benefits; mere appointment as Principal does not qualify one for such benefits without proof of Profes....
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
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 ....
The main legal point established is that the superannuation age for a petitioner holding a teaching position should be determined in accordance with the applicable notification and regulations, with ....
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