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DEEPAK ROSHAN
Md. Mansoor Alam – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the parties through V.C.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order as contained in Memo No.942 dated 04.09.2010 issued by the respondent No.4; whereby the petitioner has retired with effect from 31.01.2010 on attaining the age of 62 years and was directed to hand over the charge to the senior most teacher of the Madarsa and provide the charge report to the said authority. The petitioner has further prayed for a direction upon the respondent authorities to allow him to continue in service with all consequential benefits till the age of 65 years in view of the fact that the petitioner is a teacher of Persian subject and as per clause-21 of the notification dated 19.12.1977 published in Bihar Gazette dated 12.04.1978 the retirement age of a Persian teacher is 65 years.
3. The brief facts of the case is that the petitioner has passed Fazil in Persian examination held in the year 1968 and he was appointed as Persian teacher in the year 1979 in Madarsa Hussainia Tajweedul Quran, Mahgama, Godda and since then he was teaching Persian in the said Madarsa. At the time of issuance of the i
The central legal point established in the judgment is the interpretation of the retirement age for Persian teachers as per the notification, emphasizing the requirement of a show cause notice prior ....
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
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....
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.
Affiliation with a university mandates adherence to its ordinances, overriding prior bye-laws regarding retirement age for teachers.
Teachers superannuating mid-academic session entitled to re-employment till June 30 under university statutes; provision applies universally; post-superannuation amendments prospective, cannot divest....
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 ....
Vested rights to pension cannot be revoked by subsequent amendments or government orders unless explicitly stated to have retrospective effect; the age of superannuation is determined by existing reg....
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