Pradeep Prasad vs The State Of Jharkhand Through Its ...
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Jharkhand High Court

Pradeep Prasad vs The State Of Jharkhand Through Its ... on 22 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P (S) (Filing) No. 5609 of 2025

Pradeep Prasad                                      ......           Petitioner
                          Versus
1.The State of Jharkhand through its Principal Secretary, Department of
Agriculture & Sugarcane Development, Jharkhand.
2.The Director Department of Agriculture, Animal Husbandry and Co-
operative, Government of Jharkhand
3.The Birsa Agriculture University through its Vice Chancellor, Kanke,
Ranchi
4.The Registrar, Birsa Agriculture University, Kanke, Ranchi.
5.The Director Administration, Birsa Agriculture University, Kanke, Ranchi.
6.The Controller, Birsa Agriculture University, Kanke, Ranchi.
7.The Additional Controller, Directorate of Extension Education, Birsa
Agriculture University, Kanke, Ranchi.
8.The Director, Directorate of Extension Education, Birsa Agriculture
University, Kanke, Ranchi.
9. The Director, Administration of Extension Education, Birsa Agriculture
University, Kanke, Ranchi.
10.The Indian Council of Agriculture Research, Ministry of Agriculture and
Farmer Welfare, through its Secretary and Director General, New Delhi.
11. The Director, Indian Council of Agriculture Research, Ministry of
Agriculture and Farmer, Patna, Bihar.              .......         Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner           : Mr. Abhay Kumar Mishra, Advocate
                             : Mr. Anshuman Mishra, Advocate
For the State                : Mr. P.C. Sinha, Advocate
For the Resp. Nos.3 to 9     : Mr. A. Allam, Senior Advocate

For the Resp. Nos.10 & 11 : Mr. T.N. Mishra, Advocate

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nd 02/Dated: 22 May, 2025

Heard Mr. Abhay Kumar Mishra, learned counsel for the petitioner, Mr. A. Allam, learned Senior Counsel for the Respondent Nos.3 to 9 and Mr. T. N. Mishra, learned counsel for the Respondent Nos.10 and 11.

2. Mr. T. N. Mishra, learned counsel for the Respondent Nos.10 and 11 submitted that copy of the writ petition has not been served upon him and prays for time.

3. Mr. Abhay Kumar Mishra, learned counsel for the petitioner submitted that the copy of this writ petition has been sent in the house of the learned counsel for the Respondent Nos.10 and 11 and which has been properly received.

4. However, in view of the above fact that the learned counsel for the Respondent Nos.10 and 11 prayed for service of copy of the writ petition, learned counsel for the petitioner shall again serve a copy of the writ petition with all documents to the learned counsel for the Respondent Nos.10 and 11 by day after tomorrow (i.e. 24.05.2025).

5. Learned counsel for the petitioner submitted that there is resolution of 25.04.2025 Birsa Agriculture University (vide Annexure-15) by which the Board of the Birsa Agriculture University has enhanced the age of Scientists/Senior Scientists/Co-ordinators/Heads etc. from 60 to 65 years.

6. It is submitted that earlier also a Co-ordinate Bench (Justice S.N. Pathak as then His Lordship was) of this Court vide order dated 18.11.2021 passed in W.P.(S) No.3171 of 2021 has stayed the operation and implementation of letter dated 03.09.2021 passed by the Director by which the concerned writ petitioner was directed to superannuate from the services on attaining the age of 60 years and the said writ petition is still pending.

7. It is submitted that the Division Bench of this Court vide order dated 09.05.2025 in W.P.(S) No.2631 of 2018 and other analogous cases has held that the Demonstrator of the Colleges shall be treated as 'Teachers' and they are entitled to continue up to 65 years of service.

8. It is submitted that petitioner is a Scientist (Soil Science) and earlier he was also designated as Junior Scientist and later on promoted on the post of Scientist and as such petitioner is a 'Teacher'.

9. It has also been submitted that Hon'ble Allahabad High Court and Hon'ble Madhya Pradesh High Court, Jabalpur Bench has decided that the age of such similarly situated persons i.e. Scientists/Senior Scientists/Co-ordinators/Heads working in the K.V.K will be 65 years and the matter was challenged before the Hon'ble Supreme Court. The judgment of the Hon'ble Allahabad High Court, Lucknow Bench was challenged even before the Hon'ble Supreme Court by filing Special Leave Petition (Civil) Diary No(s).32010 of 2023 which was dismissed on 02.02.2024 by Hon'ble Supreme Court and hence the interim order be passed in favour of the petitioner and the order dated 05.05.2025 (Annexure-26) passed by the Director, Directorate of

Extension Education Officer, Birsa Agriculture University-Respondent No.8 may be stayed.

10. On the other hand, Mr. A. Allam, learned Senior Counsel for the Respondent Nos.3 to 9 (i.e. Birsa Agriculture University) submitted that he will file a detailed counter affidavit in this case within three days. It is further submitted that the case of the petitioner is entirely different from the case of the other persons which has been stated by the petitioner in this writ petition and hence stay order may not be passed.

11. Learned counsel for the Respondent Nos.10 and 11 prays for three weeks' time to file the counter affidavit.

12. Having heard the learned counsel for the petitioners and from going through the records and in view of the rival submissions of the parties, this Court finds that the petitioner was initially appointed as Training Organizer on 16.07.2004. However, on 30.12.2006 he was transferred as Programe Co-ordinator to KVK Dumka but he was treated as Junior Scientist (Selection Grade) by downgrading the post of Senior Scientist, Agronomy at Zonal Research Station, Darisarai but, he was promoted to the post of Junior Scientist-cum-Assistant Professor, Darisarai on 27.08.2012 (Annexure-4). Thereafter, the petitioner completed his P.hd in Agronomy subject. However, vide order dated 15.04.2025 (i.e. Annexure-6) he was again shown as Junior Scientist- cum-Assistant Professor and was posted to KVK, Dumka as Scientist (Soil Science) by the Director, Administration of Birsa Agriculture University vide Annexure-6.

13. It appears that the Hon'ble Allahabad High Court vide judgment dated 17.05.2023 passed in W.A No.784 of 2022 had quashed the order in question by which the four petitioners working on the post of Senior Scientist, Subject Matter Specialist at KVK, Nanpara, Subject Matter Specialist (Home Science), KVK, Ballia and Trainee Associate/Assistant Professor, KVK, Ballia were forced to retire on attaining the age of 60 years and the Hon'ble Allahabad High Court had directed that petitioners should work till the age of 62 years with all consequential benefits, arrears of salary and other amenities.

14. The above judgment dated 17.05.2023 passed by the Allahabad High Court in W.A No.784 of 2022 was challenged before the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary

No(s).32010 of 2023 and which was dismissed by Hon'ble Supreme Court on 02.02.2024.

15. It also appears from Annexure-6 i.e. order dated 15.04.2025 that the petitioner has been shown as Junior Scientist-cum-Assistant Professor and he has also shown as Scientist (Soil Science) and also shown as Programe Co-ordinator while giving memo of this order to the petitioner.

16. Even as per letter dated 03.11.2022, the Director, Administration (Annexure-21) informed the State of Jharkhand that there is no objection for age enhancement to the employee such as Programe Specialist/Scientists/Co-ordinator/Senior Scientists and Head and ICAR has no objection. It was also clarified that the persons working as Scientists/Material Specialists-cum-Senior Scientists-cum- Head used to do work of expansion of KVK come under the category of 'Teacher' vide letter dated 03.11.2022 (Annexure-21).

17. It appears that the Hon'ble Division Bench of this Court vide order dated 09.05.2025 passed in W.P.(S) No.2631 of 2018 and other analogous cases has held that the Demonstrators have to be treated as 'Teaching Staff.' It has also been held in the aforesaid case that by virtue of amendment in the year 2011 of Jharkhand State Universities (Amendment) Act, the 'Demonstrators' had to retire at the age of 62 years up to 25.12.2012 and the age of superannuation of Teaching Staff was only 62 years and from 26.12.2012 the age of superannuation of 'Demonstrators' was enhanced to 65 years.

18. It appears that Board of Director of Birsa Agriculture University vie Resolution No.100/15556 have resolved on 25.04.2023 (Annexure-15) to enhance the age of superannuation of the employees working in the KVK such as Specialist/Scientists/Programe Co- ordinator/Senior Scientist and Pradhan from 60 to 65 years in terms of the advice given by the ICAR and which was communicated vide dated 09.05.2023 to all the concerned authorities.

19. Accordingly, the operation of order dated 05.05.2025 (Annexure-26) passed by the Director, Directorate of Extension Education Officer, Birsa Agriculture University, Kanke is stayed till 20.06.2025.

20. Put up this case on 20.06.2025 before the Appropriate Bench as per Roster.

21. In the meantime, the learned counsel for the Respondents must file their respective counter affidavits after serving a copy of the same to the learned counsel for the petitioner and the learned counsel for the petitioner will also be at liberty to file reply to the counter affidavit.

(Sanjay Prasad, J.) Saket/-