FRANKLIN BAXLA, SON OF LATE MARCEL BAXLA, RESIDENT OF HOUSE NO.77, VILLAGE Vs. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT (DEPARTMENT OF HIGHER EDUCATION), NEW DELHI

JUDGEMENT

(1.) This writ petition has been preferred for enhancement of age of superannuation for the University teaching staff from 62 years to 65 years in the State of Jharkhand.

(2.) Counsel for the petitioners submitted that University Grants Commission Regulation, 2010 has been brought into effect with effect from 30th June, 2010 and the Central Government has already enhanced the age of superannuation for the teaching staff from 62 years to 65 years. This has been adopted by the State of Jharkhand and has published as notification (Annexure 7). This notification has been published on 26th Dec., 2012 and has not been given retrospective effect i.e. with effect from 30th June, 2010. This is the grievance of these two petitioners, as they have already retired from service of the University on 30th May, 2012 and 1st Dec., 2012 respectively and, therefore, this petition has been preferred by them so that the notification published by the State of Jharkhand enhancing the age of superannuation from 62 years to 65 years may be given retrospective effect so that their age of superannuation can be enhanced.

(3.) Counsel for the petitioners is relying upon a decision rendered by Honourable Supreme Court in the case of Jagdish Prasad Sharma Vs. State of Bihar reported in (2013) 8 SCC 633 especially paragraphs 74, 77, 78 and 79 and has submitted that if the State of Jharkhand is accepting the recommendation of the University Grants Commission, they may be accepted in totality and as a composite structure of the recommendation and, therefore, enhancement of age of superannuation should have been given a retrospective effect i.e. with effect from 30th June, 2010.