This judgment recorded the voluntary withdrawal of a writ petition filed by a professor seeking to enhance his age of superannuation from 62 to 70 years based on central government orders and UGC regulations. The High Court dismissed the petition as withdrawn.
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. 7164 of 2012
Prof. Krishna Ballabh Prasad son of Late Sukhdeo Prasad Yadav, R/o Tapovan Kokar, Ranchi-1, P.O. Bariyatu, P.S. Sadar, District Ranchi.
… … Petitioner
Versus
… … Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Niladri Shekhar Mukherjee, Advocate For the Respondents : Mr. Anoop Kumar Mehta, Advocate ---
06 /20.06.2022
1. This writ petition has been filed for the following reliefs:
“(A) For direction upon the respondents to implement the decision and order of the Government of India, Ministry of Human Resources Development, Higher Education, New Delhi dated 31.12.2008, by which the University Grants Commission has been directed to revise the pay scale of teachers of Central Universities and Colleges of India, including enhancement of age of superannuation vide Sub Proviso F:D of Proviso 8 and Sub Proviso P of Proviso 8 of the aforesaid order with effect from 23.03.2007 in respect of enhancement of age to 65 years in continuity and additional five years up to 70 years by way of extension. Also in the light of the order of the Government of India, Ministry of H.R.D. Department of Higher Education, New Delhi contained in letter no. F1-7/2010-UII dated 11.05.2010 and the U.G.C. regulation contained in letter no. F3-1/2009 dated 30.06.2010, which are mandatory and binding and also in the light of the order of H.R.D. Department, Higher Education, Ministry of H.R.D. Department, Government of India, contained in L. No. F.1-7/2010-U-II dated 11.05.2010.
(B) For direction upon the respondents to enhance the age of superannuation to 65 years in continuity and plus additional 5 years up to 70 years, in the light of the directions of the
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University Grants Commission as contained in letter no. F16/2009/PRC dated 28.02.2009.
(C) For direction upon the respondents to enhance the age of superannuation also in the light of Section 67 of the Bihar/Jharkhand State University Act, as amended up to the year 2006, in view of the Universities in the State of Bihar, subsequently, State of Jharkhand was carved out from Bihar, therefore, petitioner was an estoppels in the matter.
(D) For direction upon the respondents to make necessary provision for enhancement of age to 65 years w.e.f. 23.03.2007 in the light of the Central Government order dated 31.12.2008, University Grants Commission direction dated 28.02.2009, order of the Central Government dated 11.05.2010 and mandatory provision of Section 67 of the Bihar/Jharkhand State University Act, by making necessary correction/addition/provision/incorporation in the letter no. 1271 dated 10.10.2009 of the Human Resources Development Department, Higher Education, Government of Jharkhand or by passing and notifying a fresh order for enhancement of age up to 65 years plus five years, immediately.
(E) For direction upon the respondents not to retire the petitioner from his service in the light of the above fact, who is going to retire in the month of June, 2011, continue him in service to even after June, 2011 with consequential benefits in the light of the order of this Hon’ble Court passed in W.P.(C) No. 363 of 2010 dated 10.01.2011 and a host of similar case also.
And also in the light of Sections 14 and 20 of the University Grants Commission Act, 1956, which are mandatory and binding for the State Government as well as Universities of Jharkhand State including Ranchi Universality.
(F) For direction upon the respondents to retain and take back the petitioner in service in continuity with all consequential benefits in the light of the order dated 10.01.2011 of this Hon’ble Court passed in W.P.(S) No. 363 of 2010, with more than thirty analogous cases by which this Hon’ble Court has been pleased to pass the order upon the respondents with direction that:-
“Thus, in view of the conclusion arrived at just herein before and also conclusion that scheme formulated by way of regulation is to be adopted as composite one, the age of superannuation of the teachers would stand extended 65 years. As a consequence whereof the petitioner who was in service but was made to retire on 30.11.2012 or therefore on attaining the age of 62 years would be entitled to the benefit of extended age of superannuation, as a result of which they are to be taken back in service with continuity and all consequential benefits.”
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(as contained in Anneuxre-8 to this writ application.) (G) For any other appropriate relief(s) including compensation and cost for which the petitioner may be found entitled in law and equity.”
2. Mr. Niladri Shekhar Mukherjee, Advocate, under the instructions of Mr. Shree Krishna Pandey, Advocate on record, submits that he does not want to press the present writ petition as it has become infructuous and he may be permitted to withdraw the writ petition.
3. Learned counsel for the respondents Mr. Anoop Kumar Mehta has no objection to the prayer for withdrawal.
4. Accordingly, this writ petition is dismissed as withdrawn.
5. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Pankaj
1 issue framed by the court
Whether the petitioner offers any ground to withdraw the withdrawn writ petition regarding enhancement of age of superannuation.
3 provisions across 2 enactments
Prof. Krishna Ballabh Prasad
State of Jharkhand
Ranchi University
University Grants Commission
Anubha Rawat Choudhary
As recorded by the court registry
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