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1999 Supreme(Raj) 1444

SHIVARAJ V.PATIL, BHAGWATI PRASAD
Dr. Kailash Chandra Mittal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - In all these writ petitions, a common question of law involved is the interpretation of Ordinance 67A of the Ordinances of the University of Rajasthan, therefore, they are being disposed of by this common order. For the purpose of factual matrix. Dr. Kailash Chandra Mittal v. State of Rajasthan and Ors (D.B. Civil Writ Petition No. 544/99) is being taken into consideration.

2. The petitioner entered into the services of the respondent College. At the time of entering into the service, an agreement was entered in between the petitioner and the respondent College. In the agreement, the age of superannuation was mentioned as 60 years The petitioner kept on serving the respondent College. In the meantime, the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as 'the Act of 1989') came into operation and was given effect from 1.1.1993. Under the Act of 1989, Rules were framed which were named as The Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as 'the Rules of 1993'). Under Rule 45 of the Rules of 1993, a provision was made that a teacher of









































































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