S. N. PATHAK
Kanahayia Mishra – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. Pathak, J.
Heard the parties.
2. Petitioners have approached this Court with a prayer for direction upon the respondents to consider the age of superannuation of petitioners, who are Class-III and IV employees as 62 years in terms of the rules under which the present petitioners were appointed, in view of the fact that the present petitioners were appointed in the year 1972 and as per the Statutes of Ranchi University their age of retirement would be 62 years and they are appointed prior to the commencement of the Bihar State University Act, 1976.
3. As per the factual matrix, the petitioners were appointed initially in the year 1972 against the sanctioned vacant post after following due procedure of law and thereafter, their services were confirmed from the respective date of their joining by way of notification dated 22.02.1994 (Annexure-1) issued by the respondent. It is the case of the petitioners that at the time of their appointment, Bihar State University Act, 1976 was not incorporated and hence, they were guided by a Statute known as the Ranchi University Statutes. The other terms and conditions of service was determined by the said rules and Rule 223 specifical
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