IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 644 of 2009 Dinesh Jha, son of Late Janardan Jha, resident of Mohalla Jagir Ward No. 9, Town – Begusarai, P.S. – Begusarai in the district of Begusarai, at present posted as Teacher / Lecturer, Shankar Up- Shastri Mahavidyalaya, P.S. – Lakho in the district of Begusarai …………….. Petitioner Versus 1. The State Of Bihar through the Secretary (Higher Education), Human Resources Development Department, New Secretariat, Patna 2. Kameshwar Singh Sanskrit Vishavidyalaya, Kameshwar Nagar, Darbhanga through its Registrar 3. The Vice-Chancellor, Kameshwar Singh Sanskrit Vishavidyalaya, Kameshwar Nagar, Darbhanga 4. The Registrar, Kameshwar Singh Sanskrit Vishavidyalaya, Kameshwar Nagar, Darbhanga 5. The Governing Body of Shankar Sanskrit Up-Shastri Mahavidyalaya, Shahpur, P.S. – Lakho, District – Begusarai, through its Secretary ………………… Respondents ---------------------------------- For the Petitioner: Mr. Ramakant Sharma, Sr. Advocate For the University: Mr. S. S. Sundaram, Advocate For the State: Mr. Rakesh Kumar Samrendra, SC-2 ********************* 05. 24.10.2011 Heard learned counsel for the petitioner and the State and the counsel, representing Kameshwar Singh Sanskrit University. Prayer of the petitioner in this Writ Application is for quashing of Order contained in Memo No. 9432/07, Dated 14th of September, 2007, issued under the signature of Registrar, Kameshwar Singh Sanskrit University, Darbhanga, whereby the age of superannuation of the Teachers, working in Up-Shastri College, has been construed as 60 years and accordingly, necessary action has been directed to be taken. 2 I find that similar issue had been raised by the Bihar State Up-Shastri Sanskrit Mahavidyalaya / College Teachers Employees Association through its Secretary in representative capacity in C.W.J.C. No 6534 of 2009. In that Writ Application also the relief prayed by the petitioner was for quashing of an order issued by the Registrar, Kameshwar Singh Sanskrit University, Darbhanga whereby the age of superannuation of the Teachers, working in Up- Shastri College has been held to be 60 years in place of 62 years. After discussing the factual as well as legal issues, the impugned order / notices issued by the Registrar, Kameshwar Singh Sanskrit University, Darbhanga to the petitioners, intimating that they will be retiring on attaining the age of 60 years was quashed and holding that petitioners will be deemed to have been continuing on the post, till they will attain 62 years of age, in case they have not reached 62 years of age. In case, 62 years of age have already been attained by the petitioners, they will be deemed to have retired on attaining the age of 62 years. For the period in between 60 to 62 years, they will be entitled for their salary and other terminal benefits, only on attaining age of 62 years, they will be deemed to have retired and entitled for 3 retiral benefits, as provided to the teachers under the Universities Act. This issue has been decided, considering the fact that the Up-Shastri Colleges come within the purview of Section 67 of the Bihar State University Act, 1976 and its amended provisions, as such whatever will be the age of superannuation of University Teachers that will be the age of superannuation of the Teachers of Up-Shastri College. This Writ Application is also being decided in a similar manner. Impugned order, dated 14th September, 2007 contained in Memo No. 9432/07 is quashed. The Petitioner will continue till the age he will attain 62 years. In case he has already retired he will be deemed to be continued in service till 62 years and will be entitled for all consequential terminal benefits on account of continuance on the post till the age of 62 years. Accordingly, this Writ Application is allowed. SKM (Mridula Mishra, J.)