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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Samta Choudhary S/o Late Shiv Kumar Choudhary – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
ORDER :
ANANDA SEN, J.
By filing this writ petition, the petitioner has prayed for enhancing the age of superannuation of the petitioner from 62 years to 65 years by making it at par with the similarly situated teachers whose service conditions are guided under the terms and conditions of the All India Council for Technical Education and also in tune with the University Teachers of State of Jharkhand (Annexure-3 & 4 read with Annexure-5) and to allow him to continue in the service of the Government of Jharkhand till he attains the age of 65 years i.e. till 31.01.2018 with all consequential benefits thereof. The petitioner has also prayed to allocate the services of the petitioner to the Successor State of Bihar as per the option given by him for his final cadre allocation.
Subsequently, when the State of Jharkhand took a decision to enhance the superannuation age of teachers of technical institution during the pendenc
Retirement policies cannot be applied retroactively to employees who have already retired, highlighting the need for uniform application to avoid discrimination among similarly situated individuals.
The central legal point established in the judgment is the binding nature of the Regulations, 2010 framed by the All India Council for Technical Education, which enhanced the age of superannuation fo....
The State has the discretion to frame its own laws relating to education and is not bound to accept or follow UGC regulations.
AICTE Act is enacted to provide for establishment of an All India Council for Technical Education with a view to proper planning and co-ordinated development of technical education system throughout ....
University teachers' retirement age is governed by specific statutes, distinct from state-maintained institutions, establishing a compulsory retirement age of 58.
The court emphasized that the applicability of government orders with retrospective effect and the re-appointment of superannuated individuals are within the executive domain and cannot be directed b....
Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.
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