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2017 Supreme(Jhk) 809
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Chandreshwar Prasad Sinha son of late Kedarnath Sinha & Anr. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (S) Nos. 549 of 2010 & 7491 of 2012
Decided On : 25-07-2017
Advocate Appeared:
For the Petitioners: Mr. Saurabh Shekhar, Mr. Rashmi Kumari
For the Respondent: Mrs. Indrani S. Choudhary
The main legal point established in the judgment is that the applicability of the amended provisions of the Universities Act, including the enhancement of the age of superannuation, is contingent upon the colleges being governed by the Act.
Headnote:
Age of Superannuation - Universities Act - Section 2(v), Section 2(f), Section 6(5), Section 67(A) of the Universities Amendment Act, 2012 - The court discussed the relevant provisions of the Jharkhand State Universities Act, 2000, including the definition of 'Teacher', the definition of 'College', and the provisions related to the management and control of the University. The court also highlighted the amended provision of Section 67(A) which enhanced the age of retirement from 60 to 65 years for teachers of University or college.
Fact of the Case:
The petitioners sought enhancement of the age of superannuation from 60 to 62 years in accordance with the amended provision of Rule 67(A) of the Universities Act, 2005. The court considered the appointments and affiliations of the petitioners in different colleges and universities, and the application of the amended provisions of the Act to their cases.
Finding of the Court:
The court found that the colleges where the petitioners were employed were not governed by the Jharkhand State Universities Act, and therefore, the enhanced age of superannuation did not apply to the petitioners.
Issues: The main issue was whether the petitioners were entitled to the enhancement of age as per the amended provisions of Section 67(A) of the Jharkhand State Universities Act 2000.
Ratio Decidendi: The court held that the colleges of the petitioners were not governed by the Jharkhand State Universities Act, and therefore, the provisions related to the enhancement of age of superannuation did not apply to them.
Final Decision: The court dismissed the writ petitions, ruling that the relief sought by the petitioners for enhancement of the age of superannuation did not merit consideration.
Pramath Patnaik, J.
Since the reliefs sought for in both the writ petitions are identical, with the consent of the respective counsels, both the writ petitions are heard together and are being disposed of by this common order/judgment.
2. In the aforesaid writ petitions the petitioners have precisely prayed for enhancement of the age of superannuation from 60 years to 62 years in view of the amended provision of Rule 67 (A) of the Universities Act, 2005 and the petitioners have inter alia prayed for quashing the order dated 01.04.2009 (Annexure-8) and order dated 20.04.2013 (in W.P.(S) No.549 of 2009) and for quashment of the letter dated 05.12.2012 vide Annexure-6 (in W.P.(S) No.7491 of 2012).
3. The brief facts, as disclosed in W.P.(S) No.549 of 2010 is that initially petitioner was appointed in Sanskrit Upshashtri College, Daltonganj, Palamu on 14.01.1981 having Master degree in History on the date of appointment. Since at that time, the institute was not affiliated to University, the designation of the petitioner was Assistant Teacher. The Sanskrit Upshashtri College, Daltonganj, Palamu was taken over by the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga vide letter dated 02.03.1981 as evident from Annexure-3 to the writ petition. After bifurcation of the erstwhile State of Bihar and creation of the State of Jharkhand, all institutions like that of petitioner was brought under the Vinoba Bhave University, Hazaribagh vide letter dated 27.08.2001, vide Annexure-5 to the writ petition. The petitioners got salary from the Vinoba Bhave University, Hazaribagh. In the year 2005 an amendment was brought to the University Act, enhancing the age of retirement from 60 to 62 years, for which the petitioner applied and the application of the petitioner was rejected on 01.04.2009 passed by the Principal of the petitioner’s institute vide Annexure-8 to the writ petition, which is impugned in this writ petition. During pendency of the writ petition, the petitioner retired on 31.03.2010 on attaining the age of superannuation of 60 years. During pendency of the writ petition, an interim order was passed on 26.04.2010 to decide the case of the petitioner as to whether the institution where the petitioner was working as teaching staff, is or is not a college within the meaning of Section 2(f) of the Jharkhand State Universities Act, 2000. In pursuance to the said interim order, final order dated 24.04.2013 has been passed vide Annexure-14 to the writ petition, which is under challenge in the instant writ application.
4. The brief facts, as narrated in W.P.(S) No.7491 of 2012, is that, petitioner was appointed on 01.05.1980 as a Lecturer in Vaidnath Kamal Kumari Sanskrit College, Deoghar. The services of the petitioner was approved in the year 1984. The College of the petitioner was affiliated to Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. The appointment of the petitioner was against the sanctioned and regular post of Lecturer. After creation of the State of Jharkhand, the respondent no.2 vide letter dated 27.08.2001 issued a notification whereby Sanskrit College, Ayurvedic and Homeopathy College are to be regulated by the Vinoba Bhave University. The Vice Chancellor of the Vinoba Bhave University, Hazaribagh issued a letter to the Director, Higher Education, Human Resources Development Department, Jharkhand whereby the sanction for Shastri (Pratistha) Hon’s 3 years course has been granted, whereafter vide letter dated 05.12.2012 vide Annexure-6 issued by respondent no.6, the petitioner has been informed that he is going to retire at the age of 60 years, which is impugned in this writ petition. Thereafter, the petitioner submitted representations to the Vice Chancellor, Vinoba Bhave University, Hazaribagh vide Annexure-7 series. During pendency of the writ petition, the petitioner has filed amendment application bearing I.A. No.1135 of 2016 annexing gazette notification dated 26.12.2012 wherein the age of superan
