ASIT KUMAR JENAMANI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This batch of writ petitions raises a similar question of law concerning the age of superannuation of teachers and staff of aided educational institutions. In each writ petition, there is a challenge to the validity of Rule 19 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (1974 Rules) insofar as it prescribes that "every employee shall retire on completion of sixty years of age". The consequential prayer is for a direction to the Higher Education Department (HED) of the Government of Odisha and the Director of Higher Education (DHE) to allow each of the Petitioners to retire on completion of 65 years of age. The interim order passed if at all in all these writ petitions is that the retirement of the Petitioner would be subject to the outcome of the writ petition.

(2.) Although the facts in each of the petitions is more or less similar as regards the central issue, for the sake of convenience, the Court would like to set out in some detail the facts in W.P.(C) No.13666 of 2020 filed by Dr. Asit Kumar Jenamani.

(3.) The background facts in W.P. (C) No. 13666 of 2020 are that the Petitioner was, at the time when the writ petition was filed on 5/6/2020, working as Reader in Odia-cum-Principal-in-Charge of Hindol College, Khajuriakata, District-Dhenkanal, which got the Government concurrence and affiliation in Intermediate in Arts with 128 seats from the academic session 1981-82. Further, the +2 seats in Arts were increased from 128 to 256. From 1985-86, affiliation in the +2 science course, 128 seats were accorded. In 1988-89, the College was accorded Government concurrence to start a 3 year degree course in Arts with 128 seats. Permission was granted for Honours in Education, History, Political Science, Odia, Sanskrit and Physics.