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
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C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025
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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
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C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025
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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
NEUTRAL CITATION
C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025
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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
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C/SCA/9710/2013 JUDGMENT DATED: 05/08/2025
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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
