Jharkhand High Court
Basarat Husain Ansari vs Ranchi University on 12 May, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 5261 of 2009
Basarat Husain Ansari, Son of Late Sheikh Hazi Jamaluddin,
Resident of Patra Toli, P.O.: Guragain, P.S.: Burhmu, District:
Ranchi (Jharkhand) ... ... Petitioner
Versus
1. Ranchi University, Ranchi
2. Vice Chancellor, Ranchi University, Ranchi
3. The Registrar, Ranchi University, Ranchi
4. The Deputy Registrar, Ranchi University, Ranchi
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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12/12.05.2022
1. Nobody appears on behalf of the petitioner.
2. Learned counsel for the respondents is present.
3. This writ petition has been filed for the following reliefs: -
"for issuance of an appropriate
writ(s)/order(s)/direction(s), commanding upon the
respondents to allow the writ petitioner to discharge his
duties in the service of University till he attain the Age of
Superannuation on 27.12.2011 (31.12.2011, as per the
Rule) i.e., attaining the Age of 62 years, as per the
provisions of section 67 of the Bihar State Universities Act,
1976 and to quash Annexure-4 i.e., Notice served upon the
petitioner along with others that he is to superannuate on
31.12.2009;
Further for issuance of any other appropriate writ
(s)/order(s)/direction(s) for doing conscionable justice to
the petitioner to which the petitioner is illegally entitled in
the facts and circumstances of the case."
4. Learned counsel for the respondents submits that the point
involved in the present case is with regard to age of superannuation of
the petitioner. The petitioner in this writ petition has claimed his age
of superannuation should be 62 years instead of 60 years. He submits
that the records of this case suggest that the petitioner was served
with a notice of superannuation on 31.12.2009 and he has
superannuated on 27.12.2011 during the pendency of the present case.
5. The learned counsel submits that the issue involved in the
present case is squarely covered by the judgment reported in 2008 (2)
JLJR 165 (Jharkhand Rajya Vishwavidyalaya Awam
Mahavidyalaya Karamchari Sangh & Anr. (in 2812) Jharkhand
Universities and Colleges Employees Federation (in 2906) vs. The
State of Jharkhand and Others) which deals with the age of
superannuation as per the provisions of Bihar State Universities Act,
1976 and has considered all the relevant amendments etc. The learned
counsel submits that ultimately it has been held in the aforesaid
judgment that the question relating to fixation of age of
superannuation is a policy matter and the same is within the domain of
the Government and steps were taken for reducing the age of
superannuation of non-teaching employees of the universities to 60
years in terms of Jharkhand State Amendment Universities Act, 2002 .
The learned counsel submits that accordingly nothing survives in the
present case. He submits that the petitioner was appointed as back as
in the year 1975 as non-teaching employee under the University and
ultimately retired as Sectional Officer.
6. Considering the aforesaid submission, this Court finds that the
issue involved in the present case is covered by the aforesaid judgment
reported in 2008 (2) JLJR 165 (supra). Accordingly, the present writ
petition is dismissed in view of the aforesaid judgment relied upon by
the respondents.
7. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
