BAKUL TRIPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has challenged the orders and communication at Annexure-C, E and F and amended Ordinances at Annexure D-2 and D-3 as illegal, unconstitutional, without jurisdiction and of no effect whatsoever with a further prayer to treat him as continuing in service till the end of the academic term beginning in November, 1988 and ending in April, 1989, by filing this petition under Art. 226 of the Constitution of India.

(2.) A few material facts may be stated at the outset. The petitioner's birth- date is 27-11-1928 and he was to attain the age of 60 years on 27-11-1988. According to the petitioner, in Commerce faculty, under Ordinance 75 terms are expressly prescribed. The first term is beginning on 15th June and ending on 20th October. From 20th October to 10th November is Winter vacation and the second term begins on 11th November and ends on 7th April of every academic year, and from 7th April to 14th June is Summer vacation. In this context, it is stated by the petitioner that according to the well established statutory University policy, the petitioner was to retire in the middle of the second term, and therefore, should have retired at the end of the term i.e., on 7-4-1989. Somehow or the other, such right is denied by the unauthorised action of the respondent-authorities and in express violation of the statutory provisions.

(3.) The Executive Council of the University, respondent No. 2 had framed Ordinance 172(15) prescribing the age of retirement of college teachers and providing that he will retire on the date on which he attains the age of sixty. This was made subject to the proviso that the date of superannuation shall be 10th November or 14th June of year whichever comes earlier after the teacher attains the age of sixty years.