The petitioner sought reinstatement after forced retirement at age 60, claiming entitlement to retire at 62 based on antecedent government orders and instructions. The bench dismissed the writ petition, holding no case for interference.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4365 of 2010
Bijan David Balmuchu @ Bijan Bala wife of late D.N. Balmuchu resident of D1 Mallika Apartment Kagal Nagar, Sonari P.O. and P.S. Sonari, Dist. Jamshedpur … … Petitioner
Versus
... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
----- For the Petitioner : Mr. Rajiv Ranjan Mr. Gaurav Abhishek For the Respondents : Mr. Anoop Kr. Mehta (For Ranchi University) Dr. Ashok Kr. Singh (Kolhan University) Mr. R.K. Shahi (A.C. to A.A.G.)
----- 08/Dated 8th July, 2019
Per Sanjay Kumar Dwivedi, j
1. Heard Mr. Gaurav Abhishek, appearing for the petitioner, Mr. A.K. Mehta, appearing for the Ranchi University, Dr. A.K. Singh for Kolhan University and Mr. R.K. Shahi, A.C. to A.A.G for the State.
2. The petitioner has preferred this writ petition to reinstate the petitioner, who was forced to retire on 01.02.2009, on the post of Demonstrator.
3. Learned counsel for the petitioner submits that the Government took a decision on 17.08.1981 to redesignate the Laboratory Assistants, Laboratory Technician, Incharge and/or Instructors who were appointed prior to 01.04.1973 as Demonstrator and also by the said order, the Government took a decision that those who are appointed after 01.04.1973, would have to be minimum B.Sc. and above.
4. He further submits that the University Service Commission vide its letter dated 12.12.1969 issued clear instruction that the Demonstrators, in the affiliated Colleges, have to be treated as Teachers within the meaning
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of Section 2(p) of the Bihar State Universities Act, 1960 and interms of the above mentioned orders, the Laboratory Assistants, Laboratory Technicians, Incharge and/or Instructors are to be redesignated as Demonstrators giving them full benefits at par with the Teachers and therefore the petitioner is entitled to retire at the age of 62 years, which is the retirement age of the Teachers, whereas he has been retired at the age of 60 years. 5. Mr. A.K. Mehta, appearing for Ranchi University, submits that retirement age of the Teachers has been enhanced in the year 2011 , whereas the petitioner has retired in the year 2009. On this ground alone this petition is fit to be dismissed.
Mr. Mehta further submits that retirement age has been enhanced from 62 to 65 years pursuant to an amendment in the Jharkhand State Universities Act in the year 2011 and it cannot be given a retrospective effect.
He further submits that inspite of his superannuation in the year 2009, the petitioner has not demanded anything from the University by way of filing representation and suo motu filed this writ petition and on this ground also this writ petition is fit to be dismissed.
6. Mr. A.K. Singh, learned Counsel for the Kolhan University, submits that the petitioner has retired on 01.02.2009, whereas Kolhan University came into being on 13.8.2009, which is after the retirement of the petitioner.
He further submits that the petitioner has not given any representation before the Kolhan University yet and he has approached this Court after 19 months of his retirement.
7. As a cumulative effect of the above facts, this Court finds that no case of interference is made out in this case.
8. This writ petition is dismissed.
(Sanjay Kumar Dwivedi, J.)
s.m.
2 issues framed by the court
Whether the Court can reinstate a petitioner who was forced to retire due to superannuation.
Whether an enhanced retirement age can be applied retrospectively to a case already closed.
Bijan David Balmuchu @ Bijan Bala
The State of Jharkhand
Director, Higher Education
Ranchi University
Kolhan University
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
