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2008 Supreme(Jhk) 287

M.KARPAGAVINAYAGAM
Jharkhand Rajya Vishwavidyalaya Awam Mahavidyalaya Karmchari Sangh Etc. – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

M. Karpaga Vinayagam, C.J.

1. These two writ petitions have been filed by the Karmchari Sangh and Federation, seeking for a declaration that the Jharkhand State Universities (Amendment) Act, 2002, omitting Section 67(a) of Bihar/Jharkhand State Universities Act, 1976, and making the age of superannuation of the employees of the Universities to be 60 years is ultra vires and for issuance of further direction by way of declaration that the age of such employees of the Universities, who were appointed prior to commencement of the Bihar State Universities Act, 1976, shall be 62 years.

2. Though several points have been urged to quash the notification impugned in these petitions, we cannot give such a declaration with reference to the Jharkhand State Universities (Amendment) Act, 2002, as the prayer becomes infructuous on account of the fact that the said notification has been substituted by further amendment under the Amendment Act, 2005.

3. As per Section 67(a) of the Amendment Act, 2002, the age of retirement of teaching as well as non-teaching employees of the Universities or Colleges shall be 60 years. Now the Section 67(a) has been amended by the Jharkhand State Universitie


























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