MOHAMMAD AMEERUDDIN Vs. OSMANIA UNIVERSITY HYDERABAD

JUDGEMENT

(1.) Whether delay and laches on the part of the petitioners would debar them from obtaining an equitable relief under Article 226 of the Constitution of India, although a right in relation thereto arises from the judgment of the Apex Court, is the question involved in these writ petitions.

(2.) The petitioners herein are the retired non-teaching staff of the respondent-Osmania University. The conditions of service of the non-teaching staff of the University are identical to those of the employees of the State Government. The State had been issuing various Government Orders from time to time in respect of the University.

(3.) By reason of G.O. Ms. No. 36, Finance, dated 22-12-1983, the age of superannuation of the employees of the State was reduced from 58 years to 55 years. Pursuant to the said orders, the University by order in Univ. Order No. 915/53/1983/ Admn.II dated 22-2-1983 reduced the age of superannuation of its non-teaching staff also to 55 years from 58 years. The said order was questioned before this Court in WP No. 11524 of 1983, inter alia, praying therein that the age of superannuation of non-teaching staff should be 60 years and not 55 years. The said writ petition was allowed on 27-2-1983 by a learned single Judge of this Court holding that in terms of Section 38 of the University Act and the constitutional guarantee provided under Articles 14 and 16 of the Constitution of India, the salaried officers of the Osmania University are entitled to be continued in service till they attain the age of 60 years.