NAWAL KISHORE CHOUDHARY Vs. STATE OF BIHAR; PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA; JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA; RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR PUSA AND ORS

JUDGEMENT

(1.) Heard Shri Anand K Ojha for the appellants, learned counsel for the State and learned counsel for the University and with their consent, these appeals are being disposed of at this stage itself.

(2.) The appellants, in all these five appeals, are teachers or teaching scientists in the Agriculture Universities in the State of Bihar being the Bihar Agriculture University and Rajendra Agriculture University. Originally, they had filed writ petitions in the year 2010 seeking mandamus to the State and the Universities to increase the age of superannuation from 62 to 65 years. The writ petitions were filed in the year, 2010 being CWJC No 13450 of 2010 and analogous case. The position was contested both by the University and the State of Bihar and ultimately those writ petitions were allowed by learned Single Judge of this Court by judgment and order dated 15.09.2011. It would be relevant to quote the operative part of the said judgment :

(3.) It appears that both the University and State, being aggrieved by this judgment, filed intra-Court appeal being LPAs No 37 of 2012, 145 of 2012, 304 of 2012. All these Letters Patent Appeals were then withdrawn by the State and University on 30.08.2012. This date would be relevant because by then State had already taken a decision to accept the judgment aforesaid which decision is dated 12.07.2012. It is this decision to which we shall refer shortly.