DHARAM DEO NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the decision of the Board of Governors of Regional Institute of Technology, Jamshedpur (RIT, Jamshedpur for short -now known as National Institute of Technology, Jamshedpur -NIT, Jamshedpur for short) communicated vide office order No. RIT (AA) -1642/99 dated 3rd June, 1999 whereby it decided to pay gratuity, leave encashment and other retiral benefits to its retiring employees on the basis of 58 years of age of superannuation instead of 60 years, which is the actual age of superannuation of an employee of RIT, Jamshedpur.

(2.) ONE of the questions requires determination in this case is whether the retiral benefits of an employee can be calculated on the basis of notional retirement age of 58 years or not, if the actual age of superannuation of an employee is 60 years.

(3.) IN the affidavit filed on behalf of RIT, Jamshedpur (now NIT), while it is accepted that the age of superannuation is 60 years and petitioner retired from the services of RIT, Jamshedpur on attaining the age of 60 years, taken plea that as the State Government employees retire at the age of 58 years, whereas the employees of RIT, Jamshedpur retire at the age of 60 years, to maintain parity with the State Government employees, it was decided to adopt same formula that of Government employee for determination of retiral benefits for the employees of Regional Engineering Colleges.