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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
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 superannuation of all Professors of educational institutions was enhanced from 60 to 65 years by the notification dated 26.09.2012, the appellant was asked to retire on attainment of age of 60 years.
5. Feeling aggrieved, the appel
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.
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 ....
Age of retirement – Teachers of affiliated Institute cannot have their age of retirement more than that of teachers of affiliating University
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 ....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
Temporary instructional roles do not qualify for extended retirement age; petitioner entitled to standard age of superannuation of 62 years based on his substantive role as Assistant Engineer.
The central legal point established in the judgment is that the age of superannuation for Principals and the requirement of a Ph.D. degree for continuation beyond the age of 62, as mandated by the UG....
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