Petitioners sought retirement age enhancement. Due to delay in filing issues, petitioners withdrew claiming pending case caused pension delay. Court allowed withdrawal and dismissed petition.
Prayer for withdrawal of the writ petition allowed and the writ petition dismissed on withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010195172022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1167/2022
ASHOK DAS AND ANR S/O LT. PREMADHAR DAS R/O CHANDMARI (MILANPUR) GUWAHATI-03 KAMRUP(M) ASSAM
2: BASUDEV DAS S/O LT. NARENDRA NATH DAS R/O HATIGARH CHARIALI GUWAHATI-24 KAMRUP(M) ASSAM VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HIGHER EDUCATION (TECHNICAL) DISPUR GUWAHATI-6 2:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE PRINCIPAL ASSAM ENGINEERING INSTITUTE CHANDMARI GUWAHATI-03 4:ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) REPRESENTED BY ITS CHAIRMAN NELSON MANDELA MARG BASANT KUNJ NEW DELHI-110070
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-----------Advocate for : MR. A R SIKDAR Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
21.03.2023
Heard Mr. A R Sikdar, learned counsel for the petitioners and Mr. A R Tahbildar, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 to 3. Also heard Mr. S C Keyal, learned Standing counsel, AICTE for the respondent No. 4.
Matter pertains to the claim of the petitioners to enhance their age of retirement on superannuation from 60 to 65 years.
Though notice in this case was issued on 23.02.2022, but the respondents have not filed their affidavit(s) in the matter till date.
During the deliberation of the matter, on instructions of the petitioners, Mr. Sikdar, learned counsel has prayed for withdrawal of this writ petition stating that because of pendency of this writ petition, the pension proposals of the petitioners have not yet been submitted and they are not receiving any farthing after their retirement.
Prayer is allowed.
Accordingly, this writ petition stands dismissed on withdrawal.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition seeking enhancement of retirement age should be withdrawn.
Ashok Das
Basudev Das
State of Assam
Director of Technical Education Assam
Principal, Assam Engineering Institute
All India Council for Technical Education
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
