KAPILDEO PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petitioner/appellant is aggrieved by the judgment dated 15 th May, 2008 passed in W.P.(S) No. 5022 of 2006 by the learned Single Judge whereby the prayer of the petitioner for quashing the order no. 3612 dated 30 th August, 2006 issued by the respondent no. 5 directing the writ petitioner to superannuate from the post of Registrar on 31 st August, 2006 on his attaining the age of 60 years, has been refused and the writ petition has been dismissed.

(2.) The short facts of the case of the appellant are that petitioner was appointed as Assistant Professor-cum-Junior Scientist in the Department of Soil, Science & Agriculture Chemistry and accordingly he joined the post on 6 th August, 1973 in Birsa Agriculture University. Thereafter he was promoted to the post of Associate Professor-cum-Senior Scientist on 6 th August, 1986 and subsequently promoted to the post of University Professor on 6 th August, 1994 on which post he was discharging his duties before being appointed to the post of Registrar on 11.11.2005 in the respondent-University.

(3.) The appellant states that pursuant to advertisement issued by the University bearing no. 1/05 inviting the application for the post of Registrar, the appellant applied and was selected and finally appointed on 11 th November,2005. The cause of action for moving this Court in the writ petition arose on account of the issuance of office order no. 3612 dated 30 th August, 2006, informing the appellant that on attaining the age of 60 years, he will superannuate from the service on 31 st August, 2006. The case of the appellant before learned Single Judge was that vide amendment introduced in Rule 13.3(2) of the Birsa Agricultural University Statute pursuant to State Government Notification no. 115 dated 30 th July, 2005, it was declared that the employees' of Birsa Agricultural University, Ranchi, shall retire on superannuation on attaining the age of 60 years except the teachers/scientists, who are in U.G.C./I.C.A.R Pay Scale, who will retire on attaining the age of 62 years and thereafter no further extension in service will be granted to any employee/teacher/scientist.