SIYA RAM SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) AN I.A. No. 5733/2014 has been preferred by the Birsa Agricultural University with a prayer that the writ petition may be disposed of as infructuous in view of the orders passed in L.P.A. No. 45/2011 by the learned Division Bench of this Court dated 25.07.2013 following the judgment passed by the Hon'ble Supreme Court in Civil Appeal Nos. 5527 -5543/2013 in the case of Jagdish Prasad Sharma vs. State of Bihar & others whereunder, it was held by the Apex Court that by virtue of UGC guidelines itself, the age of superannuation of teachers in the Universities under the State cannot be enhanced.

(3.) LEARNED Senior Counsel, appearing for the respondent Birsa Agricultural University, has however resisted the contention of the petitioner. He has submitted that Birsa Agricultural University is guided by the Jharkhand Agricultural Universities Act, 2000. It is submitted that the decision of the State Government to enhance the age of teachers covered under the Jharkhand State Universities Act, would not ipso facto apply to the teachers under the Agricultural Universities, unless conscious decision is taken by the State to do so. It is submitted that the State Government by the notification dated 18.10.2014, a copy of which has been produced and is kept on record as well, have chosen to increase the age of teachers working under the Birsa Agricultural University to 65 years. It is submitted that the petitioner having retired on 31.01.2013 itself, cannot claim the benefit of enhanced age as the notification is only prospective in nature.