BHARTIBEN NANDKISHOR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner challenging the inaction on the part of the respondent authorities in not granting the benefit of superannuation age of 62 years as per the notifications of the University Grants Commission (UGC) dated 19.11.2006 and 06.11.1998 and Government Resolutions dated 29.04.1999 and 26.05.1999. Further directions are sought for quashing and setting aside the order/letter dated 12.03.2007 addressed by respondent No.3 to respondent No.4 directing the respondent No.4 to superannuate the petitioner on 31.03.2007 and also quashing and setting aside the office order dated 30.06.2007 passed by the respondent No.2 and the order dated 02.07.2007 passed by the respondent No.4.

(2.) The petitioner was serving as librarian in the Nursing College, Civil Hospital Campus, Ahmedabad i.e. under the respondent No.4. It is the case of the petitioner that she is entitled to be retired at the age of 62 years instead of 58 years and accordingly she requested the respondent authorities to increase her retirement age. By the representation dated 22.01.2007 written to the Additional Director, Medical Services Education Research Department, Gandhinagar, the petitioner requested to give the benefits as per the judgment dated 28.08.2002 passed in Special Civil Application No.946 of 1989 and also the benefits of the UGC notification and accordingly retire her after attaining the age of 62 years. On 12.03.2007, the Additional Director informed the Principal of the college under whom the petitioner was working to retire her at the age of 58 years on 31.03.2007. It is the case of the petitioner that she is entitled to get the benefits of the Resolution dated 29.04.1999 issued by the State of Gujarat, Education Department.

(3.) Learned advocate Mr. Chauhan appearing for the petitioner has referred to the said Resolution dated 29.04.1999 issued by the State of Gujarat, Education Department regarding revision of pay scales of teachers, librarians and Physical Education Personnel in Universities and Government and Non-Government colleges as well as prescribing their age of superannuation of 62 years. He has submitted that the petitioner was serving under the respondent No.4-college which is affiliated and run by the Gujarat University- respondent No.5 and thus, the aforesaid Resolution is applicable to the petitioner and hence she is entitled to be retired at the age of 62 years as envisaged therein.