Gujarat High Court
Kadkiyabhai Vichhiyabhai Ninama vs State Of Gujarat on 5 August, 2025
NEUTRAL CITATION
C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9710 of 2013
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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KADKIYABHAI VICHHIYABHAI NINAMA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR.SUBHASH G BAROT(2619) for the Petitioner(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 3,4
MS POOJA ASHAR, AGP for the Respondent(s) No. 1
MS TEJAL A VASHI(2704) for the Respondent(s) No. 5
RULE SERVED for the Respondent(s) No. 1,2,5
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 05/08/2025
ORAL JUDGMENT
1. The present petition is filed for the following prayers:
"11(A) Be pleased to admit and allow the present petition; (B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, by quashing and setting aside the impugned communication dated 31.5.2013 (Annexure-A hereto) of Commissioner of Higher Education reducing the age of Page 1 of 5 Uploaded by U. SRILATHA(HC00185) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:23:14 IST 2025 NEUTRAL CITATION C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025 undefined superannuation and the impugned communication dated 11.6.2013 (Annexure-B hereto) of respondent No.3 trust whereby it is intimated to superannuate the petitioner with effect from 14.6.2013;
(C) Pending admission hearing and final disposal of present petition, be pleased to stay the execution, implementation and operation of the impugned communication dated 31.5.2013 (Annexure-A hereto) of Commissioner of Higher Education reducing the age of superannuation and the impugned communication dated 11.6.2013 (Annexure-B hereto) of respondent No.3 trust whereby it is intimated to superannuate the petitioner with effect from 14.6.2013; (D) xxxxx"
2. The facts leading to filing of this petition are such that the petitioner was born on 1.6.1955; he has the qualification of SSC; the petitioner was appointed on the post of Junior Clerk (Class III) with effect from 23.2.2006, which was approved by the Commissioner of Higher Education on 13.4.2006 and the superannuation age of the petitioner would be 60 years as per the prevailing rules on the date of appointment and the rules applicable at the time of promotion i.e. during February, 2006 cannot be made applicable; the relying on the communication dated 31.5.2013 issued by the Commissioner of Higher Education informing all granted non-government colleges that the age of Page 2 of 5 Uploaded by U. SRILATHA(HC00185) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:23:14 IST 2025 NEUTRAL CITATION C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025 undefined superannuation in case of employees who has been promoted from Class IV to Class III would be 58 years, the petitioner is ordered to be superannuated on 14.6.2013. Hence, this petition is filed.
3. Heard learned advocates for the parties. 3.1 Learned advocate for the petitioner has submitted that the petitioner was appointed on the post of Peon on 1.4.1983 and he was promoted on the post of Junior Clerk on 31.2.2006 and therefore it cannot be said that the petitioner was appointed on the post of Junior Clerk on 31.2.2006; that the rules prevalent at the time of appointment of the petitioner would be applicable to the petitioner and therefore, the superannuation age of the petitioner is 60 years and not 58 years; that the state government has passed resolution on 26.9.1989 and as per that resolution, the age of superannuation for the staff recruited before 1.10.1984 shall be 60 years and the age of the superannuation for the staff which has been recruited on or from 1.10.1984 shall be 58 years; and the universities of the state were directed by the State Government to take necessary action to amend the relevant staff rules in accordance with the resolution. He, therefore, submitted that the impugned communication dated 31.5.2013 and the Page 3 of 5 Uploaded by U. SRILATHA(HC00185) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:23:14 IST 2025 NEUTRAL CITATION C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025 undefined communication dated 11.6.2013 intimating the petitioner to superannuate the petitioner with effect from 14.6.2013 is ex- facie illegal, ultra vires and bad in law and therefore this petition be allowed.
4. Per contra, learned AGP for the respondents- authorities has submitted that similar issue of the age of superannuation of Class III and Class IV appointed before 1.10.1984 and after 1.10.1984 has been dealt with and decided by this Court by order dated 18.7.2025 passed in Special Civil Application No.8273 of 2016 and allied matters and by giving detailed reasoning, dismissed the said petitions. He submitted the issue involved in this petition is covered by the said judgment and therefore this petition is also required to be dismissed in view of the same.
5. I have considered the submissions made at the bar and the material produced on record. The petitioner herein was appointed as peon Class-IV on 1.4.1983 and he was promoted to the post of Junior Clerk with effect from 23.2.2006. From the date he is promoted to the post of Junior Clerk which falls in Class-III, he seized to be Class-IV employee and the rules and conditions applicable to Class-III would be applicable to the petitioner and the said rules provide for superannuation at the age of 58 years and Page 4 of 5 Uploaded by U. SRILATHA(HC00185) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:23:14 IST 2025 NEUTRAL CITATION C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025 undefined therefore the action of the respondent-authorities in superannuating the petitioner when he attained the age of 58 years cannot be said to be illegal or ultra vires or bad in law and therefore does not need any interference by this Court.
6. The same issue is decided by this Court by order dated 18.7.2025 in Special Civil Application Nos.8273 of 2016 an allied matters, which is referred to by learned AGP. Learned advocate for the petitioner is not in a position to dispute the same.
7. In view of the above, this appeal is required to be dismissed. Accordingly, dismissed. Notice/rule is discharged. Interim relief, if any, stands vacated.
(SANDEEP N. BHATT,J) SRILATHA Page 5 of 5 Uploaded by U. SRILATHA(HC00185) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:23:14 IST 2025