GUJARAT AYURVED UNIVERSITY Vs. LAXMIBEN MAHESHBHAI MAKWANA

JUDGEMENT

(1.) The present appeal, filed under the provisions of Clause 15 of the Letters Patent, 1865, emanates from the judgement dtd. 2/7/2021 passed by the learned Single Judge, wherein and whereby the learned Single Judge has allowed the writ petition filed by the respondent No.1 for enhancement of the age of superannuation from 58 years to 60 years.

(2.) Learned advocate Mr.D.G.Shukla appearing for the appellant-University has submitted that the learned Single Judge fell in error in allowing the writ petition since the respondent No.1, who was serving in the appellant-University and employees like her are governed by the State Government Rules and accordingly, her age of retirement is 58 years and she reached the age of superannuation on 30/9/2017. He has submitted that the learned Single Judge ought to have appreciated the fact that the notification dtd. 14/10/2020 issued by the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, which emphasis the age of employees working in the Institution of Post Graduate Teaching and Research in Ayurveda, Jamnagar (IPGTRA) and Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar and the Indian Institute of Ayurveda Pharmaceutical Sciences, Jamnagar will not apply retrospectively.

(3.) Learned advocate Mr.Shukla has submitted that the learned Single Judge has also considered the provisions of Fundamental Rules 56(a), while allowing the writ petition, which is misconceived, as the same would not apply in the case of the petitioner (respondent No.1). He has pointed out that though a proposal was sent to the respondent No.2-Union of India to enhance the age of superannuation of the employees from 58 years to 60 years, the same was not approved by the Union of India and hence, the respondent No.1 cannot claim the retirement on attaining the age of 60 years. It is submitted that a conscious decision was taken by the appellant-University vide circular(s) dated 18/31/3/2016 that except the subject of superannuation age, other benefits are granted on service related matters, as per the Central Civil Services Rules promulgated by the Government of India. The same are made applicable to the employees of the appellant- University. While referring to the communication dtd. 16/1/2017 issued by the Government of India, Ministry of Ayush, it is submitted that the issue of extending the age of retirement from 58 years to 60 years was not accepted and it is specifically held that the same will apply prospectively, after issuing appropriate notification and amended rules.