STATE OF ASSAM Vs. BASANTA KUMAR DAS

JUDGEMENT

(1.) These five appeals by leave are by the State of Assam against the judgment of the High Court of Assam in five petitions filed by the respondents in the respective appeals.

(2.) Shri Bansi Ram Das was Professor and Head of the Department of Physics in the Government Cotton College, Gauhati. Shri Kanak Lal Das was Professor and Head of the Department of Philosophy. Shri Basanta Kumar Das was a Physiological Chemist in Class I of the Assam Veterinary Service and on the relevant date was the Deputy Director of Animal Husbandry and Veterinary Department. Shri Khageswar Saikia was an Upper Division Assistant in the office of the Deputy Commissioner, Darrang Tezpur on the relevant date, and Shri Anand Chandra Hazarika was a Head Assistant in the office of the Deputy Commissioner, Darrang, Tezpur. On 21st March, 1963 the Government of Assam issued a memorandum raising the age of retirement of its servants from 55 years to 58 years. The relevant portion of the memorandum was as follows:

(3.) These five respondents were not allowed to continue in service in accordance with this memorandum and they filed petitions before the Assam High Court questioning the validity of the orders retiring them from service. The High Court first decided the case of Shri Bansi Ram Das in Civil Rule No. 319 of 1966.They allowed his petition and directed him to be put back in service to continue there till he attained the age of 58 years. The other four petitions were allowed on the basis of this judgment without going into the facts of each case or their merits.