{"id":213935,"date":"2010-08-20T00:00:00","date_gmt":"2010-08-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010"},"modified":"2015-05-31T10:36:42","modified_gmt":"2015-05-31T05:06:42","slug":"chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","title":{"rendered":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010"},"content":{"rendered":"
Patna High Court – Orders<\/div>\n
Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010<\/div>\n
     IN THE HIGH COURT OF JUDICATURE AT PATNA\n               CWJC NO.11348 OF 2010\n1. DR.SUNITY PANDEY W\/O SHRI RAM KUMAR SINGH R\/O\n   CLUB ROAD, P.O.RAMNA, P.S. MITHANPURA, DISTT-\n   MUZAFFARPUR\n                     VERSUS\n1. THE STATE OF BIHAR THROUGH THE PRINCIPAL\n   SECRETARY, HUMAN RESOURCE DEVELOPMENT\n   DEPARTMENT BIHAR, PATNA\n2. SECRETARY, HUMAN RESOURCE DEVELOPMENT\n   DEPARTMENT BIHAR, PATNA\n3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR\n   THROUGH ITS REGISTRAR\n4. VICE CHANCELLOR , B.R.AMBEDKAR BIHAR UNIVERSITY\n   MUZAFFARPUR\n5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY\n   MUZAFFARPUR\n6. THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH\n   ZAFAR MARG, NEW DELHI\n                       WITH\n                CWJC NO.11775 OF 2010\n1. DINESH CHANDRA BALUNI S\/O LATE DURGA PRASAD\n   BALUNI R\/O BADRINATH BHAWAN, AT ATARDAH, P.O.-\n   RAMNA, P.S.- SADAR, DISTT.- MUZAFFARPUR\n2. ARUN KUMAR THAKUR S\/O LATE RAM BALESHWAR\n   THAKUR R\/O AT- HARISHANKAR MANIARI, P.S.- SILOUT,\n   DISTT.- MUZAFFARPUR\n3. DR. KRISHNA MOHAN S\/O LATE JAGDISH SHARAN R\/O\n   'TITIKSHA', OPPOSITE RELIANCE PETROL PUMP,\n   KALAMBAGH ROAD, P.S.- KAZI MUHAMMADPUR, DISTT.-\n   MUZAFFARPUR\n4. DR. RAM PUKAR VIDYARTHI S\/O LATE CHHATHU MAHTO\n   R\/O AMGOLA, PARAW POKHAR, LANE NO.-2, BESIDE\n   TEMPLE, P.O.- RAMNA, P.S.- KAZI MUHAMMADPUR,\n   DISTT.- MUZAFFARPUR\n                     VERSUS\n1. THE STATE OF BIHAR THROUGH THE PRINCIPAL\n   SECRETARY, HUMAN RESOURCE DEVELOPMENT\n   DEPARTMENT, BIHAR, PATNA\n2. SECRETARY, HUMAN RESOURCE DEVELOPMENT\n   DEPARTMENT, BIHAR, PATNA\n3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR\n   THROUGH ITS REGISTRAR\n4. VICE CHANCELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,\n   MUZAFFARPUR\n5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY,\n   MUZAFFARPUR\n6. THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH\n   ZAFAR MARG, NEW DELHI\n                       WITH\n             CWJC NO.12548 OF 2010\n                  2\n\n\n\n\n1. CHANDRA BHUSHAN PANDEY S\/O LATE RAM CHARITRA\n   PANDEY R\/O VILL LAKSHMIPUR, P.S.PANDAUL, DISTT-\n   MADHUBANI, PRESENTLY POSTED AS LECTURER IN THE\n   DEPARTMENT OF CHEMISTRY IN R.N.COLLEGE,\n   PANDAUL, DISTT-MADHUBANI\n                      VERSUS\n1. THE STATE OF BIHAR\n2. THE SECRETARY, UNIVERSITY GRANT COMMISSION\n   NEW DELHI\n3. THE SECRETARY, HIGHER EDUCATION GOVERNMENT\n   OF BIHAR, PATNA\n4. THE VICE-CHANCELLOR , LALIT NARAYAN MITHILA\n   UNIVERSITY KAMESHWAR NAGAR, DARBHANGA\n5. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY\n   KAMESHWAR NAGAR, DARBHANGA\n6. THE PRINCIPAL , R.N.COLLEGE PANDAUL, MADHUBANI\n                          WITH\n                  CWJC NO.13404 OF 2010\nM.REAZ BARI S\/O LATE ABDUL QUDDUS, RESIDENT OF SHRI\n   SHIA MASZID LANE,DEHARI TOLA, MURADPUR, P.O.\n   BANKIPUR,P.S. PARBAHORE, DISTRICT- PATNA.\n                         VERSUS\n1. THE MAGADH UNIVERSITY BODH GAYA THROUGH THE\n   REGISTRAR OF THE UNIVERSITY.\n2. THE VICE CHANCELLOR, M.U., BODH GAYA.\n3. THE REGISTRAR, M.U., BODH GAYA.\n4. THE STATE OF BIHAR THROUGH THE SECRETARY, HRD,\n   DEPTT., GOVT. OF BIHAR,PATNA.\n                          WITH\n                  CWJC NO.13450 OF 2010\nDR.NAWAL KISHORE CHOUDHARY S\/O LATE RAGHUNATH\n   CHOUDHARY, RESIDENT OF VILLAGE- SHREERAMPUR\n   AYODHYA, P.O. & P.S. WAINI, DISTRICT-\n   SAMASTIPUR,BIHAR.\n                         VERSUS\n1. RAJENDRA AGRICULTURE UNIVERSITY ,BIHAR PUSA\n   (SAMASTIPUR) THROUGH THE REGISTRAR.\n2. VICE CHANCELLOR, RAJENDRA AGRICULTURE\n   UNIVERSITY, BIHAR PUSA (SAMASTIPUR).\n3. DEAN, FACULTY OF AGRICULTURE, RAJENDRA\n   AGRICULTURAL UNIVERSITY, BIHAR PUSA (\n   SAMASTIPUR).\n4. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,\n   DEPARTMENT OF AGRICULTURE, GOVT. OF\n   BIHAR,PATNA.\n5. THE PRINCIPAL SECRETARY, DEPARTMENT OF\n   AGRICULTURE ,GOVT. OF BIHAR,PATNA.\n                          WITH\n                  CWJC NO.13455 OF 2010\n                   3\n\n\n\n\n1. DR.BRIJ BIHARI SINGH S\/O LATE BISHWA NATH SINGH,\n   RESIDENT OF VILLAGE- MAJHARIA, P.O. & P.S. MAJHARIA,\n   DISTRICT- BUXAR, BIHAR.\n2. DR. SHARDA NAND PRASAD S\/O SRI RAM CHANDRA\n   PRASAD, RESIDENT OF VILLAGE- KARBE KURHA, P.S.\n   PALIGANJ, DISTRICT- PATNA, BIHAR, AT PRESENT\n   RESIDING AT BIHAR AGRICULTURE COLLEGE, SABOUR,\n   P.O. & P.S. SABOUR, DISTRICT- BHAGALPUR.\n3. DR. RAM PRASAD YADAV S\/O LATE KUNJ BIHARI YADAV,\n   RESIDENT OF VILLAGE- ADHARPUR, P.O. & P.S.\n   KHANGRAITHA ( BAHERI), DISTRICT- DARBHANGA AT\n   PRESENT RESIDING AT B2\/9, RAU CAMPUS, PUSA, P.O. &\n   P.S. PUSA, DISTRICT- SAMASTIPUR.\n4. MAHENDRA PRASAD SINGH S\/O SRI SANT BILAS SINGH,\n   RESIDENT OF VILLAGE- SARKAR TOLA, BIHAR\n   AGRICULTURE COLLEGE CAMPUS SABOUR, P. O. & P.S.\n   SABOUR, DISTRICT- BHAGALPUR, BIHAR.\n5. DR. INDRADEO NARAYAN SHARMA S\/O LATE AASH\n   KARAN RAI, RESIDENT OF VILLAGE- BABUPUR, P.O.\n   BAKHARPUR, P.S. PIRPAINTI, DISTRICT- BHAGALPUR,\n   BIHAR AT PRESENT RESIDING AT JUTE RESEARCH\n   STATION P.O. TINGACHIA, P.S. KATIHAR, DISTRICT-\n   KATIHAR.\n                           VERSUS\n1.RAJENDRA AGRICULTURE UNIVERSITY, BIHAR PUSA\n   (SAMASTIPUR) THROUGH THE REGISTRAR.\n2. VICE CHANCELLOR, RAJENDRA AGRICULTURAL\n   UNIVERSITY, BIHAR PUSA (SAMASTIPUR).\n3. DEAN, FACULTY OF AGRICULTURE, RAJENDRA\n   AGRICULTURE UNIVERSITY, BIHAR PUSA ( SAMASTIPUR).\n4. THE ASSOCIATE DEAN-CUM PRINCIPAL,BIHAR\n   AGRICULTURE UNIVERSITY, SABOUR.\n5. THE OFFICER INCHARGE, JUTE RESEARCH CENTRE,\n   KATIHAR.\n6. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,\n   DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR,\n   PATNA.\n7. THE PRINCIPAL SECRETARY, DEPARTMENT OF\n   AGRICULTURE, GOVT. OF BIHAR, PATNA.\n                            WITH\n                    CWJC NO.13045 OF 2010\n1. KAILASH SHARMA S\/O LATE SITA RAM SINGH, RESIDENT\n   OF STATION ROAD, BEGUSARAI, P.S. BEGUSARAI ,\n   DISTRICT- BEGUSARAI, PRESENTLY POSTED AS READER\n   IN THE DEPARTMENT OF HISTORY IN CO-OPERATIVE\n   COLLEGE, BEGUSARAI, DISTRICT- BEGUSARAI.\n2. SITA RAM SINGH S\/O LATE MANI RAM SINGH, RESIDENT\n   OF LOHIYANAGAR, P.S. BEGUSARAI, DISTRICT-\n   BEGUSARAI, PRESENTLY POSTED AS READER IN THE\n   DEPARTMENT OF HINDI IN CO-OPERATIVE COLLEGE,\n   BEGUSARAI, DISTRICT -BEGUSARAI.\n                  4\n\n\n\n\n3. SURESH PRASAD SINGH S\/O BRAHMDEO PRASAD SINGH,\n   RESIDENT OF MOHALLA POKHARIA, P.S. BEGUSARAI,\n   DISTRICT- BEGUSARAI, PRESENTLY POSTED AS READER\n   IN THE DEPARTMENT OF PHYSICS IN CO-OPERATIVE\n   COLLEGE, BEGUSARAI, DISTRICT- BEGUSARAI.\n4.BINAY KISHORE CHOUDHARY S\/O LATE NAWAL KISHORE\n   CHOUDHARY, RESIDENT OF PROFESSOR COLONY, P.S.\n   BEGUSARAI, DISTRICT- BEGUSARAI, PRESENTLY POSTED\n   AS READER IN THE DEPARTMENT OF CHEMISTRY IN CO-\n   OPERATIVE COLLEGE, BEGUSARAI , DISTRICT-\n   BEGUSARAI.\n                         VERSUS\n1.THE STATE OF BIHAR\n2. THE SECRETARY, UNIVERSITY GRANTS COMMISSION,\n   NEW DELHI\n3. THE SECRETARY, HIGHER EDUCATION, GOVERNMENT OF\n   BIHAR, PATNA.\n4. THE VICE CHANCELLOR, LALIT NARAIYAN MITHILA\n   UNIVERSITY, KAMESHWAR NAGAR , DARBHANGA.\n5. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY,\n   KAMESHAR NAGAR, DARBHANGA.\n6. THE PRINCIPAL, R.N. COLLEGE, PANDAUL, MADHUBANI\n                          WITH\n                  CWJC NO.13436 OF 2010\nDR.RAMJEE PRASAD BHAGAT AGED ABOUT 62 YEARS S\/O\n   LATE KUNJA BHAGAT, RESIDENT OF CO-OPERATIVE\n   COLONY, ASHOK NAGAR, BHAT BIGHA, P.O. & P.S.\n   RAMPUR, DISTRICT- GAYA.\n                         VERSUS\n1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL\n   SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n2. PRINCIPAL SECRETARY, HUMAN RESOURCES\n   DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR., PATNA.\n3. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH\n   GAYA.\n4. THE FINANCE OFFICER, MAGADH UNIVERSITY, BODH\n   GAYA.\n5. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA.\n6. THE PRINCIPAL, ANUGRAH MEMORIAL COLLEGE, GAYA.\n                          WITH\n                  CWJC NO.13386 OF 2010\n1. ABDUL JABBAR ALI S\/O SHEIKH NAKCHHEDI ALI,\n   RESIDENT OF NEW COLONY, DHARAMPUR, P.S.\n   SAMASTIPUR, DISTRICT- SAMASTIPUR.\n2. RAMASHISH PRASAD MAHTO S\/O LATE RAM BALI\n   MAHTO, RESIDENT OF NEAR M.S.K.G. COLLEGE,\n   KASIPUR,P.S. SAMASTIPUR, DISTRICT- SAMASTIPUR.\n3. DR.RAMJI MAHTO S\/O LATE RAMGHULAM MAHTO,\n   RESIDENT OF MUHALLA- -DHABI, NEAR BHARAT DAS\n   MANDIR,AT +P.O. ROSERA,DISTRICT- SAMASTIPUR.\n                  5\n\n\n\n\n4. DR.RAJ KISHORE PRASAD S\/O LATE NAGINA PRASAD,\n   RESIDENT OF AT + P.O. SAMASTIPUR, EAST OF BHOLA\n   TALKIES, MUHALLA- DHARAMPUR, P.S. SAMASTIPUR,\n   DISTRICT- SAMASTIPUR.\n5. RAGHUNANDAN PRASAD SINGH S\/O LATE RAM YESH\n   SINGH, RESIDENT OF WARD NO. 13, KASIPUR, P.S.\n   SAMASTIPUR, DISTRICT- SAMASTIPUR.\n\n                         VERSUS\n1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL\n   SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n2. SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n3. L.N. MITHILA UNIVERSITY, DARBHANGA THROUGH ITS\n   REGISTRAR.\n4. VICE CHANCELLOR, L.N. MITHILA UNIVERSITY,\n   DARBHANGA\n5. REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA\n6. THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH\n   ZAFAR MARG, NEW DELHI.\n                          WITH\n                  CWJC NO.13392 OF 2010\nAFZAL HUSSAIN SIDDIQUI S\/O LATE MD. USMAN, RESIDENT\n   OF C\/O JAMIL ASHIANA, NEAR AZAD ACADEMY, AZAD\n   NAGAR, P.S. ARARIA,DISTRICT- ARARIA.\n                         VERSUS\n1.THE STATE OF BIHAR THROUGH ITS PRINCIPAL\n   SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n2. SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n3. B.N. MANDAL UNIVERSITY, MADHEPURA THORUGH ITS\n   REGISTRAR\n4. VICE CHANCELLOR, B.N. MANDAL UNIVERSITY,\n   MADHEPURA.\n5. REGISTRAR, B.N. MANDAL UNIVERSITY, MADHEPURA.\n6. THE UNIVERSITY GRANTS COMMISSION SHAH ZAFAR\n   MARG, NEW DELHI.\n                          WITH\n                  CWJC NO.13400 OF 2010\n1. PROF.KRISHNA KANT JHA S\/O LATE SAHDEO JHA,\n   RESIDENT OF VILLAGE- KUSAHAR (TULSIPATTY),P.O.\n   BALUA BAZAR, P.S. BALUA BAZAR,DISTRICT- SUPAUL.\n2. DR. BIRENDRA PRASAD SINGH S\/O LATE DEO NANDAN\n   PRASAD SINGH, RESIDENT OF VILLAGE- PANDARAK, POST\n   PANDARAK, P.S. PANDARAK, DISTRICT-PATNA.\n3. DR. MURARI SHARAN S\/O LATE VISNU DAYAL, RESIDENT\n   OF BACK OF RD PALACE,WARD NO. 20, DISTRICT-\n   SITAMARHI.\n                       6\n\n\n\n\n4. PROF. BINOD PRASAD SINHA S\/O LATE SHIVA SHANKAR\n   PRASAD SINHA, RESIDENT OF \"SINHA SADAN\", WARD\n   NO.5, P.S. DUMRA, DISTRICT- SITAMARHI.\n5. DR. BHAIRAB MISHRA S\/O LATE CHATURBHUJ MISHRA,\n   RESIDENT OF JAI PRAKASH PATH,RAJOPATTI, P.S.\n   SITAMARHI, DISTRICT- SITAMARHI.\n6. PROF. SACHIDANAND PRASAD SINGH S\/O LATE BINOD\n   PRASAD SINGH, RESIDENT OF VILLAGE KARHARI, P.O.\n   BHAGWANPUR, P.S. BHAGWANPUR, DISTRICT- VAISHALI.\n                             VERSUS\n1.THE STATE OF BIHAR THROUGH ITS PRINCIPAL\n   SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n2. SECRETARY, HUMAN RESOURCES DEVELOPMENT\n   DEPARTMENT, GOVT. OF BIHAR., PATNA.\n3. B.R.AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR\n   THROUGH ITS REGISTRAR.\n4. VICE CHANELLOR, B.R.AMBEDKAR BIHAR UNIVERSITY,\n   MUZAFFARPUR\n5. REGISTRAR, B.R.AMBEDKAR BIHAR UNIVERSITY,\n   MUZAFFARPUR\n6. THE UNIVERSITY GRANTS COMMISSION SHAH ZAFAR\n   MARG, NEW DELHI.\n                             -----------\n<\/pre>\n
For the Petitioners
\nIn C.W.J.C.Nos.11348\/2010,
\n11175\/2010,13386\/2010, 13392\/2010
\n& 13400\/2010             : M\/s.Abhinav Shrivastava and Akashdeep.\n<\/p>\n
For BRA University       : Mr.Ajay Behari Sinha\nFor UGC                  : M\/s Pushkar Narain Shahi and Patanjali\n                               Rishi\nFor the State            : Mr. Ranjit Sinha & Mr. Bajrangi Lal\n                               (A.C to G.A.8).\n\n\nFor the petitioner in\nC.W.J.C.No.13436 of 2010 : Mr. Akashdeep\nFor the Petitioner in\n<\/pre>\n
C.W.J.C.no. 13404 of 2010 : Mr. Raghav Prasad.
\nFor the Petitioners in
\nC.W.J.C.No.13045 of 2010,
\nC.W.J.C.No. 12548 of 2010 ; Mr. Shashi Bhushan Singh.\n<\/p>\n
For the State               : S.C.22,G.A.8\nFor UGC                    : Mr. Pushkar Naraian Shahi.\nFor the Petitioner in\nCWJC No. 13450\/2010         : Mr. Y.V.Giri, Sr.Adv and Mr. Raju\n                                   Giri .\nFor the State               : Mr. Adityanath Pandey.\nFor University             : Mr. Anil Kumar Upadhyay.\n                                           7<\/span>\n\n\n\n\n                  For the State                   : G.A.1\n                                              ----------------------\n\n\n3   20 -08-2010      Pleadings are complete . Counter affidavits having been\n\n<\/pre>\n
                     filed by the State and the Universities, with the consent of<\/p>\n
                     the parties, these writ applications are being disposed of at<\/p>\n
                     this stage itself.\n<\/p>\n
                          The solitary issue that arises in all these writ<\/p>\n
                     applications, which have been filed by the teachers of<\/p>\n
                     various Universities of Bihar, is with regard to enhancement<\/p>\n
                     of their age of superannuation from 62 years to 65 years.<\/p>\n
                               This matter, the teachers have been agitating and<\/p>\n
                     seeking adjudication repeatedly from this Court without<\/p>\n
                     success. First the matter came to this Court and was decided<\/p>\n
                     in the case of Prof. Dr.Ravindra Prasad & ors.-v- State of<\/p>\n
                     Bihar & ors. since reported in 2008(3)PLJR 476. This<\/p>\n
                     Court held that the age of superannuation of University<\/p>\n
                     Teachers could not be extended in view of the circular of<\/p>\n
                     University Grant Commission (hereinafter referred to<\/p>\n
                     \u201eUGC\u201f) as these circulars related to Central Universities or<\/p>\n
                     Universities funded by the Central Government and were to<\/p>\n
                     meet specific contingency that was noticed therein. There<\/p>\n
                     was no conscious decision of the UGC to enhance the age<\/p>\n
                     of superannuation of University Teachers across the board to<\/p>\n
                     65 years. In that view of the matter it was held that Section<\/p>\n
                     67(a) of the Bihar State Universities Act, 1976, which is the
\n                      8<\/span><\/p>\n
same as Section 64(a) of the Patna University Act, 1976<\/p>\n
would not apply.\n<\/p>\n
          Then again after a short while     the issue was<\/p>\n
brought to this Court. Professor Jagdish Prasad Sharma filed<\/p>\n
a writ application before this Court based on letter dated<\/p>\n
31.12.2008 of the Central Government in the Ministry of<\/p>\n
Human Resources. After examining the legal position,<\/p>\n
learned Single Judge of this Court allowed the writ<\/p>\n
application and held that in view of letter dated 31.12.2008<\/p>\n
of the Central Government, age of superannuation of the<\/p>\n
University Teachers would stand extended to 65 years from<\/p>\n
62 years. State appealed against the same. After hearing the<\/p>\n
parties, the Division Bench of this Court allowed the intra<\/p>\n
court Appeal being Letters Patent Appeal no. 117 of 2010<\/p>\n
in the case of State of Bihar -v- Professor (Dr.) Jagdish<\/p>\n
Prasad Sharma & ors. on 18.5.2010. The judgment in the<\/p>\n
case of Professor (Dr.) Jagdish Prasad Sharma extending<\/p>\n
the age of superannuation was thus reversed in Division<\/p>\n
Bench. The judgment in the case of Professor (Dr.) Jagdish<\/p>\n
Prasad Sharma and the judgment of the Division Bench<\/p>\n
reversing the same are reported in 2009(4)PLJR 680 and<\/p>\n
2010(3)PLJR 318 respectively. It appears that the writ<\/p>\n
petitioners, who were respondents before intra court Appeal,<\/p>\n
have filed Special Leave to Appeal before the Apex Court<\/p>\n
being SLA(Civil) no. 18766-18782 of 2010 wherein while
\n                       9<\/span><\/p>\n
issuing notice, the Apex Court has directed maintenance of<\/p>\n
status quo as existing on 26.7.2010.\n<\/p>\n
            Now, the teachers have not given up and once<\/p>\n
again before this Court in these batch of writ applications.<\/p>\n
           For convenience, I am referring to the pleadings<\/p>\n
of CWJC No. 11775 of 2010 being the case of Dinesh<\/p>\n
Chandra Baluni in which case the pleadings are complete.<\/p>\n
This time the University teachers rely on the observation<\/p>\n
contained in Division Bench judgment of this case in the<\/p>\n
case of State of Bihar-v- Professor (Dr.) Jagdish Prasad<\/p>\n
Sharma (supra) and in particular para 42 thereof, which is<\/p>\n
quoted hereunder:-\n<\/p>\n
   ” 42. In our considered opinion, the learned Single Judge<\/p>\n
has fallen into error by holding that the decision has been<\/p>\n
taken by the UGC. The UGC, as we understand, has not<\/p>\n
taken any decision. It has neither framed any Regulation nor<\/p>\n
issued   any notification as it had done so in the year<\/p>\n
1998.The decision has to be understood regard being had to<\/p>\n
the text and context of the UGC Act, 1956. In the year 1998,<\/p>\n
the UGC had issued a notification which was nomenclatured<\/p>\n
as “UGC”. Notification on Revision of Pay Scales ,<\/p>\n
Minimum Qualification for Appointment of Teachers in<\/p>\n
Universities College & Other measures for the maintenance<\/p>\n
of Standards, 1998″ wherein there was a reference              to<\/p>\n
superannuation and re-employment of teachers. A reference
\n                       10<\/span><\/p>\n
was also made therein that the same would be notified as<\/p>\n
Regulations. Thus, it is clear as crystal that the UGC has<\/p>\n
been issuing notifications which are          crystalised by<\/p>\n
Regulations. In the case at hand ,nothing of that sort has<\/p>\n
occurred. The UGC has also made it clear that there is no<\/p>\n
guideline, no notification or Regulation which relates to the<\/p>\n
age of superannuation of the University teachers other than<\/p>\n
those of the centrally funded educational institutions and,<\/p>\n
thus, to read something else into the same would not be<\/p>\n
appropriate . The legislative intent behind Section 67(a) of<\/p>\n
the 1976 Act and Section 64 of the Patna University Act was<\/p>\n
that whenever a decision is taken, that is to say, when a<\/p>\n
Regulation is framed or a notification is issued, the same<\/p>\n
should be given effect to without further amendment, but in<\/p>\n
the absence of a decision which would mean a decision in<\/p>\n
law having the colour, character and contour of a decision, a<\/p>\n
communication of this nature neither can be regarded as a<\/p>\n
decision nor can it be treated as a deemed fiction, as has<\/p>\n
been understood by the learned Judge .”\n<\/p>\n
(emphasis supplied)<\/p>\n
          They then refer to the letter of the Central<\/p>\n
Government    in   the     Ministry   of   Human     Resources<\/p>\n
Development dated 11.5.2010 (Annexure 4) and in particular<\/p>\n
paras 4 and 7 thereof, which are quoted hereunder:<\/p>\n
        “4. Thus as per the terms and conditions of the
\n                        11<\/span><\/p>\n
Ministry’s letter dated 31.12.2008, the State Government are<\/p>\n
required to implement the scheme as a composite one,<\/p>\n
including the age of superannuation (mentioned in para<\/p>\n
8(f) of this Ministry’s letter dated 31.12.2008), together with<\/p>\n
all the conditions specified or to be specified by University<\/p>\n
Grants Commission (UGC) by regulations and other<\/p>\n
guidelines.\n<\/p>\n
     7. It is provided in para 8(p)(v)(f) of this Ministry’s<\/p>\n
letter dated 31.12.2008, that the State Governments taking<\/p>\n
into consideration other local conditions may also decide in<\/p>\n
their discretion to introduce scales of pay higher than those<\/p>\n
mentioned in this Scheme. This implies              that State<\/p>\n
Governments cannot make modifications lowering the pay<\/p>\n
package prescribed by this Ministry. Also after adoption of<\/p>\n
the Central Scheme as a composite package , the State<\/p>\n
Government     shall    be   required   to   furnish   detailed<\/p>\n
calculations in support of its claim for central assistance , in<\/p>\n
the enclosed proforma.”\n<\/p>\n
       Having referred to this they then draw the attention<\/p>\n
of this Court to submit that as required by the Division<\/p>\n
Bench, University Grant Commission has now formalized<\/p>\n
the decision taken in letter dated 31.12.2008 of the Central<\/p>\n
Government, which was the subject matter of the writ<\/p>\n
petition in the case of      Professor (Dr.) Jagdish Prasad<\/p>\n
Sharma (supra) and that has been now made a part of the
\n                       12<\/span><\/p>\n
UGC Regulation. The UGC Regulation dated 30.6.2010 is<\/p>\n
Annexure 5 to the writ petition and it clearly says that in<\/p>\n
exercise of power under Section 26 of UGC Act and in<\/p>\n
pursuance to the letter of the Central Government dated<\/p>\n
31.12.2008, the Regulations are being framed. The<\/p>\n
Regulations    are    called   ”   the    University   Grants<\/p>\n
Commission (Minimum Qualification for Appointment of<\/p>\n
Teachers and other Academic Staff in Universities and<\/p>\n
Colleges and other Measures for the maintenance of<\/p>\n
Standards in Higher Education)Regulations, 2010. Clause<\/p>\n
1.2 of the Regulation reads as follows:\n<\/p>\n
    ” 1.2. They shall apply to every university established<\/p>\n
or incorporated by or under a Central Act, Provincial Act or<\/p>\n
a State Act, every institution including a constituent or an<\/p>\n
affiliated college recognized by the Commission, in<\/p>\n
consultation with the university concerned under clause (f) of<\/p>\n
Section 2 of the University Grants Commission Act, 1956<\/p>\n
and every institution deemed to be a university under Section<\/p>\n
3 of the said Act.”\n<\/p>\n
           It is then stipulated by clause 1.3 that the<\/p>\n
Regulation shall come into force with immediate effect ,<\/p>\n
which would be 30.6.2010.This Regulation also provides for<\/p>\n
consequences of failure of University to comply with their<\/p>\n
recommendation under these regulations. The Regulations<\/p>\n
are thereafter appended and they are nothing but what has
\n                         13<\/span><\/p>\n
earlier been circulated as        the letter of the Central<\/p>\n
Government dated 31.12.2008, which has now been made<\/p>\n
applicable to all State Universities as well.<\/p>\n
Clause 2.1.0 clearly provides as under :\n<\/p>\n
     ” 2.1.0 – The revised scales of pay and other service<\/p>\n
conditions including age of superannuation in central<\/p>\n
universities and other institutions maintained and\/or funded<\/p>\n
by      the University Grants Commission(UGC), shall be<\/p>\n
strictly in accordance with      the decision of the Central<\/p>\n
Government, Ministry of Human Resources Development<\/p>\n
(Department of Education) as contained in Appendix-I.”<\/p>\n
      Here also I may refer to clause 2.3.1 of the Regulation,<\/p>\n
which is quoted hereunder:\n<\/p>\n
         ” 2.3.1- The revised scales       of pay and age of<\/p>\n
superannuation as provided in clause 2.1.0 above, may<\/p>\n
also be extended to Universities, colleges and other higher<\/p>\n
educational institutions coming under the purview of the<\/p>\n
State     Legislature    and   maintained       by   the   State<\/p>\n
Governments, subject to the implementation of the scheme<\/p>\n
as a composite one in adherence of the terms and<\/p>\n
conditions laid down in the MHRD notifications provided<\/p>\n
as Appendix I and in the MHRD letter No. F.1-7\/2010-U II<\/p>\n
dated 11 May, 2010 with all conditions specified by the<\/p>\n
UGC in these Regulations and other Guidelines.”<\/p>\n
         Now we may come what is Appendix 1 as referred to
\n                       14<\/span><\/p>\n
in clause 2.1.0. Appendix 1 is nothing but the letter of the<\/p>\n
Central Government dated 31.12.2008, which contained<\/p>\n
various terms and conditions including enhancement of age<\/p>\n
of superannuation. It is this letter that was used by the<\/p>\n
petitioners in the earlier writ application, which was finally<\/p>\n
decided by the Division Bench as against the teachers<\/p>\n
holding that this letter was not a part of formalized<\/p>\n
Regulation of UGC. The Court naturally negatived the stand<\/p>\n
but on the ground that the letter itself referred to Central<\/p>\n
University at the first instance and for increasing the age of<\/p>\n
University Teachers of State legislature, there was no formal<\/p>\n
Regulation.\n<\/p>\n
              It is now submitted that now this communication<\/p>\n
dated 31.12.2008 is a part of the formal Regulation as framed<\/p>\n
by UGC which in turn has been made applicable to all<\/p>\n
Universities of India including State University and which<\/p>\n
by virtue     of the letter of the Central Government     has<\/p>\n
become applicable      and has to be accepted by the State<\/p>\n
Government as a whole, as referred to above.<\/p>\n
            Clause 8 of Appendix-1 to the Regulation deals<\/p>\n
with other terms and conditions. Clause 8(f) deals with age<\/p>\n
of superannuation. Clause 8(f)(i) is quoted hereunder :<\/p>\n
      ” In order to meet the situation arising out of shortage<\/p>\n
of teachers in universities and other teaching institutions<\/p>\n
and the consequent      vacant positions therein, the age of
\n                      15<\/span><\/p>\n
superannuation    for     teachers     in   Central   Educational<\/p>\n
institutions has already been enhanced to sixty five years,<\/p>\n
vide the Department of Higher Education letter No. F. No.<\/p>\n
119\/2006- U.11 dated 23.3.2007,for those involved in class<\/p>\n
room teaching in order to attract eligible persons to the<\/p>\n
teaching career    and to retain teachers in service for a<\/p>\n
longer period. Consequent on upward revision of the age of<\/p>\n
superannuation of teachers, the Central Government has<\/p>\n
already   authorized        the      Central   universities,   vide<\/p>\n
Department of Higher Education D.O. letter No. F.1-<\/p>\n
24\/2006-Desk (U) dated 30.3.2007 to enhance the age of<\/p>\n
superannuation of Vice- Chancellors of Central universities<\/p>\n
from 65 years to 70 years , subject to amendments in the<\/p>\n
respective statutes, with the approval         of the competent<\/p>\n
authority (Visitor in the case of Central Universities).”<\/p>\n
          Then in this Appendix there are some conditions as to<\/p>\n
the applicability of the Scheme, as contained in clause 8(p) with<\/p>\n
regard to financial assistance and is contained in clause 8(p)(v).<\/p>\n
 The petitioners would now submit that the deficiency                 as<\/p>\n
noticed by the Division Bench earlier while negativing the plea<\/p>\n
of the teachers for extension of age of superannuation that there<\/p>\n
was no formalized regulation of the UGC stands cured with the<\/p>\n
regulation being framed and direct order being issued making<\/p>\n
the same applicable to every University incorporated under<\/p>\n
Central Act,     Provincial Act or the State Act and to every
\n                     16<\/span><\/p>\n
deemed University. Once these formal regulations have been<\/p>\n
issued, then in terms of Section 67(a) Bihar State Universities<\/p>\n
Act, 1976, which is the same as Section 64(a) of the Patna<\/p>\n
University Act, 1976, the age of superannuation of University<\/p>\n
teachers would automatically get extended by operation of law<\/p>\n
as contained therein and would become 65 years. It would also<\/p>\n
be their submission that the Central Government and UGC<\/p>\n
made it clear that the entire package\/scheme has to be accepted<\/p>\n
as a whole and if that is done , then and only then the central<\/p>\n
financial assistance would flow to the State .<\/p>\n
          Petitioners would then rely upon the Resolution of<\/p>\n
the State Government dated 29.7.2010 in the Department of<\/p>\n
Human Resources issued in the name and under authority of the<\/p>\n
Governor, which was taken pursuant to a decision of the State<\/p>\n
Cabinet wherein pursuant to the Regulation, as framed and the<\/p>\n
decision of the Central Government dated 31.12.2008, State<\/p>\n
accepted to implement the package offered clearly noticing that<\/p>\n
as a consequence of the terms and conditions contained therein,<\/p>\n
the financial assistance would be available from the Central<\/p>\n
Government. The Resolution states in para 3 thereof           the<\/p>\n
financial assistance available, which is the same as stipulated in<\/p>\n
clause 8(p)(v) of the letter of the Central Government dated<\/p>\n
31.12.2008, which is Appendix 1 of the UGC Regulation, 2010.<\/p>\n
This Resolution of the State Government has been brought on<\/p>\n
record by way of supplementary affidavit by the petitioners and
\n                      17<\/span><\/p>\n
is also part of State\u201fs counter affidavit . Also brought on record<\/p>\n
is the settlement entered into between the State Government<\/p>\n
and the representatives of the different federations of the<\/p>\n
teachers working in different Universities of the State of Bihar<\/p>\n
dated 14.7.2010, which clearly stated that UGC pay scale had<\/p>\n
already received the acceptance from the State Cabinet with<\/p>\n
effect from 1.1.2006. It also noticed that so far as age of<\/p>\n
superannuation of University teachers is concerned, is to be<\/p>\n
extended to 65 years for which the State is bound.<\/p>\n
               On behalf of the Universities, counter affidavits<\/p>\n
have been filed. The stand of the Universities is that they would<\/p>\n
be bound to implement whatever decision State Government<\/p>\n
takes and is statutorily binding on them.\n<\/p>\n
              The State Government in its turn has filed a<\/p>\n
counter affidavit.   In para 8 thereof they have categorically<\/p>\n
accepted     that there is an agreement between the State<\/p>\n
Government and the Teachers Federation with            regard to<\/p>\n
increase of age of superannuation to 65 years . Para 8 of their<\/p>\n
counter affidavit is quoted hereunder: –\n<\/p>\n
               ” That, the deponent further humbly submit that<\/p>\n
it is      important to mention here that in the meantime on<\/p>\n
14.7.2010 the federation of University teachers entered into an<\/p>\n
agreement with the State Government in which several decisions<\/p>\n
were taken including the enhancement of age of superannuation<\/p>\n
from 62 to 65 years.”\n<\/p>\n
                       18<\/span><\/p>\n
            They do not in their counter affidavit deny the UGC<\/p>\n
Regulation of the year 2010 nor do they deny the applicability<\/p>\n
of the letter dated 31.12.2008 of the Central Government, which<\/p>\n
is Appendix 1 to the Regulation. They accept the Resolution<\/p>\n
dated 29.7.2010 of the State Government. But apparently their<\/p>\n
stand is that there has been no conscious decision on the part of<\/p>\n
the State Government to enhance the age of superannuation of<\/p>\n
University Teachers to 65 years from 62 years. It is the<\/p>\n
correctness of this stand that is now in question.<\/p>\n
       This curious stand of the State Government in their<\/p>\n
counter affidavit regarding no conscious decision having been<\/p>\n
taken is based on a misplaced notion, as apparent from para 10<\/p>\n
of the counter affidavit, which is quoted hereunder :<\/p>\n
       ” 10. That, the deponent humbly submit that, it will not<\/p>\n
out of place to mention here that in view of order dated<\/p>\n
26.7.2010    passed    in   S.L.P.No.(s)    18766-      18782\/2010<\/p>\n
Legislature\/Cabinet cannot implement the aforesaid agreement<\/p>\n
and as such no notification can be issued in this regard.”<\/p>\n
       The Apex Court having passed status quo order as on<\/p>\n
26.7.2010 in an appeal from the Division Bench judgment of the<\/p>\n
case of Professor (Dr.) Jagdish Prasad Sharma.they were<\/p>\n
precluded to take any decision in this regard.<\/p>\n
       Their further stand is that the matter is before the<\/p>\n
Legislature and decision would be taken in accordance with law<\/p>\n
after final orders of the Hon\u201fble Supreme Court in the aforesaid
\n                       19<\/span><\/p>\n
S.L.P. No.(s0 18766-18782\/2010, as apparent from para 11 of<\/p>\n
the counter affidavit.\n<\/p>\n
        At this stage itself I may point out that whoever<\/p>\n
suggested this stand was deliberately trying to create problem<\/p>\n
where there was none. The appeal before the Apex Court was on<\/p>\n
basis of facts as stood before this Court when the learned Single<\/p>\n
Judge delivered the judgment in the case of Professor (Dr.)<\/p>\n
Jagdish Prasad Sharma (supra) to every body knowledge the<\/p>\n
whole factual situation changed materially by the letter of the<\/p>\n
Central Government dated 11th May, 2010 followed by the UGC<\/p>\n
Regulation, 2010.\n<\/p>\n
                     It may be noted that in spite of notice to<\/p>\n
UGC and it being represented by its counsel they have not<\/p>\n
chosen to file any counter affidavit.\n<\/p>\n
                    Having heard the parties and having given my<\/p>\n
anxious consideration to the facts and circumstances       noted<\/p>\n
above, in my view, the writ applications now at last must<\/p>\n
succeed.\n<\/p>\n
                 As noticed above, the fact situation has<\/p>\n
undergone materials change since the decision of the Division<\/p>\n
Bench      in the case of State of Bihar -v- Professor (Dr.)<\/p>\n
Jagdish Prasad Sharma (supra).As noticed above, in that case<\/p>\n
itself it was held that there was no formalized Regulation of<\/p>\n
UGC. That deficiency has since been cured and as referred to<\/p>\n
above the formal UGC Regulation , 2010 has been issued on
\n                     20<\/span><\/p>\n
30th of June,2010. The Division Bench had held that the letter<\/p>\n
of the Central Government dated 31.12.2008 was not made<\/p>\n
applicable to the State universities by a formalized Regulation<\/p>\n
of UGC. That stands fully cured by UGC making that letter of<\/p>\n
the Central Government dated 31.12.2008 as an integral part of<\/p>\n
the Regulation being Appendix 1 to the Regulation and as per<\/p>\n
the terms of the Central Government letter dated 11.5.2010, the<\/p>\n
Central   Government     letter   dated 31.12.2008 has      been<\/p>\n
specifically made applicable to the State Government with a<\/p>\n
specific direction to implement the scheme as a composite one<\/p>\n
including the age of superannuation as mentioned in para 8(f) of<\/p>\n
the Central Government letter dated 31.12.2008. Thus, seen<\/p>\n
there is now a formalized decision in the shape of UGC<\/p>\n
Regulation   with   regard        to   enhancement   of   age   of<\/p>\n
superannuation of University Teachers to 65 years.<\/p>\n
             In my view, one must consider the provisions of the<\/p>\n
University Grant Commission Act, 1956, and in particular the<\/p>\n
definition of “University” as given in Section 2(f) therein.<\/p>\n
University would include      all Universities established under<\/p>\n
Central Act, Provincial Act or the State Act..<\/p>\n
          Then reference may be made to Section 12 of the<\/p>\n
University Grants Commission Act, which defined the function<\/p>\n
of the Commission, which makes it clear that general duty of the<\/p>\n
Commission is to take all such steps as it may think fit for the<\/p>\n
promotion, co-ordination of University Education and for
\n                        21<\/span><\/p>\n
determination and maintenance of standard of teaching etc.<\/p>\n
Then we may refer to Section 20 of the UGC Act, which obliges<\/p>\n
the Commission to abide by the direction on question of policy<\/p>\n
given to it by the Central Government. These clearly establish<\/p>\n
that the Central Government has plenary power to lay down<\/p>\n
policy for the Commission and the Commission             has the<\/p>\n
function to implement the policy apart from formulating steps<\/p>\n
in relation thereto.\n<\/p>\n
            As seen from the facts, noted above, the Central<\/p>\n
Government issued direction vide its letter dated 11.5.2010<\/p>\n
that its policy contained in letter 31.12.2008 would now apply<\/p>\n
to all Universities in the country and this was formalized by the<\/p>\n
Regulation of UGC dated 30th of June, 2010. Material part of<\/p>\n
letter dated 11.5.2010 has been quoted above and in particular<\/p>\n
para 4 thereof.\n<\/p>\n
          Now, we come to the material portion of Section 67(a)<\/p>\n
of the Bihar Universities Act, 1976, which, as stated above, is<\/p>\n
the same as Section 64(a) of the Patna University Act, 1976,<\/p>\n
which is quoted hereunder:\n<\/p>\n
            “…… the age of retirement of teaching employees<\/p>\n
will the same which would be decided by the University Grants<\/p>\n
Commission in future.”\n<\/p>\n
          In my view, now, by operation of Section 67(a) of the<\/p>\n
Bihar Universities Act and for that matter Section 64(a) of the<\/p>\n
Patna University Act, once such a formalized decision of UGC
\n                     22<\/span><\/p>\n
has taken place, the age of university teachers or the teaching<\/p>\n
employees of the University would automatically by operation<\/p>\n
of law get extended to 65 years and no formalized decision of<\/p>\n
the State Government was required in this regard as has also<\/p>\n
been noted by the Division Bench in para 42 of its judgment<\/p>\n
quote above.\n<\/p>\n
        Apparently it is because of this that in the Cabinet<\/p>\n
Resolution of the State Government, there is no specific<\/p>\n
mentioned of this enhancement of the age of superannuation of<\/p>\n
teaching employees of the University. Further it may be noted<\/p>\n
that in the Resolution of the State Government, as referred to<\/p>\n
above, consequent upon the UGC Regulation, 2010, there is<\/p>\n
neither an indication nor a whisper by the State not accepting<\/p>\n
the scheme as propounded by the UGC in totality and more so,<\/p>\n
not accepting it in relation to extending the age             of<\/p>\n
superannuation. I may add here that a decision of the State<\/p>\n
Government even if it were to be of not extending the age from<\/p>\n
62 years to 65 years that would be a self destructive decision of<\/p>\n
the State Government inasmuch as then they would not be<\/p>\n
adopting and implementing the UGC package as a whole and<\/p>\n
that would entail serious consequences for the State inasmuch as<\/p>\n
apart from other consequence, they would not be entitled to<\/p>\n
any financial assistance from the Central Government because<\/p>\n
the Central Government\u201fs direction is clear and unambiguous<\/p>\n
that accept the package as a whole including the condition for
\n                      23<\/span><\/p>\n
financial assistance and age of superannuation. It is once basket<\/p>\n
and not severval . The State Cabinet Resolution, as noted above,<\/p>\n
accepts the direction of the Central Government, as contained in<\/p>\n
their letter dated 31.12.2008, which is, as noted above, now a<\/p>\n
part of the statutory regulation of UGC, 2010.<\/p>\n
          Before parting, I may notice one other disturbing<\/p>\n
factor. Petitioners have brought on record as Annexure 7 to their<\/p>\n
supplementary affidavit the Cabinet Memorandum          prepared<\/p>\n
by the Human Resources Department of the State Government<\/p>\n
dated 6th July, 2010, the correctness of which has not been<\/p>\n
disputed . In the said Memorandum in clause 3(x) it has been<\/p>\n
suggested to the State Cabinet that the Central Government<\/p>\n
wants revision of pay scale etc. of the University teachers along<\/p>\n
with all other conditions but so far as age of superannuation to<\/p>\n
65 years is concerned , the same has been left to the discretion<\/p>\n
of the State Government as per UGC letter. This, to say the<\/p>\n
least, is not only misleading but far from the truth . Though the<\/p>\n
Cabinet Memorandum has been prepared on 6th of July,2010<\/p>\n
and   specifically    mentioned       for   implementation    of<\/p>\n
recommendation       of the University Grants Commission in<\/p>\n
regards to revision of pay scale and connected matters and it<\/p>\n
specifically refers to the letter of the Central Government dated<\/p>\n
31.12.2008, it omits any reference to the letter of the Central<\/p>\n
Government dated       11.5.2010 addressed to all educational<\/p>\n
Secretaries   of all State Governments, which specifically
\n                               24<\/span><\/p>\n
        directed the State Government to implement the entire scheme<\/p>\n
        as a composite one including the age of superannuation, which<\/p>\n
        is contained in para 4 of the aforesaid letter and is also quoted<\/p>\n
        above. This Cabinet Memorandum also does not refer or<\/p>\n
        whisper to the UGC Regulation, 2010           issued on 30.6.2010<\/p>\n
        though the Memorandum refers to the provision of financial re-<\/p>\n
        imbursement contained therein, which only shows that there<\/p>\n
        was a deliberate attempt to create a misunderstanding in this<\/p>\n
        regard where, in fact,      things have been made crystal clear by<\/p>\n
        the Central Government and the UGC. This is a matter of grave<\/p>\n
        concern .It is for the State Government to look into it.<\/p>\n
                          Thus, inevitable result is that with effect from<\/p>\n
        30.6.2010, the age of superannuation of teaching employees of<\/p>\n
        Universities in the State of Bihar stands extended to 65 years.<\/p>\n
        As a consequence whereof any University teaching employee or<\/p>\n
        teacher, who was in service then would be entitled to the benefit<\/p>\n
        of extended the age of superannuation and any one, who was<\/p>\n
        forced to retire on or after that date prior to attaining the age of<\/p>\n
        65 years has to be taken back in service with full continuity and<\/p>\n
        all consequences .\n<\/p>\n
                    The      writ    applications,   with   the    aforesaid<\/p>\n
        observations and directions, are allowed.<\/p>\n
                                           ( Navaniti Prasad Singh, J.)
\nsingh\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Patna High Court – Orders Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11348 OF 2010 1. DR.SUNITY PANDEY W\/O SHRI RAM KUMAR SINGH R\/O CLUB ROAD, P.O.RAMNA, P.S. MITHANPURA, DISTT- MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR THROUGH THE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,27],"tags":[],"class_list":["post-213935","post","type-post","status-publish","format-standard","hentry","category-high-court","category-patna-high-court-orders"],"yoast_head":"\nChandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2010-08-19T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-05-31T05:06:42+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"28 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010\",\"datePublished\":\"2010-08-19T18:30:00+00:00\",\"dateModified\":\"2015-05-31T05:06:42+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\"},\"wordCount\":4042,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"High Court\",\"Patna High Court - Orders\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\",\"name\":\"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2010-08-19T18:30:00+00:00\",\"dateModified\":\"2015-05-31T05:06:42+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","og_locale":"en_US","og_type":"article","og_title":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2010-08-19T18:30:00+00:00","article_modified_time":"2015-05-31T05:06:42+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"28 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010","datePublished":"2010-08-19T18:30:00+00:00","dateModified":"2015-05-31T05:06:42+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010"},"wordCount":4042,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["High Court","Patna High Court - Orders"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","url":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010","name":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2010-08-19T18:30:00+00:00","dateModified":"2015-05-31T05:06:42+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/chandra-bhushan-pandey-vs-the-state-of-bihar-amp-ors-on-20-august-2010#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Chandra Bhushan Pandey vs The State Of Bihar &Amp; Ors on 20 August, 2010"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/213935","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=213935"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/213935\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=213935"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=213935"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=213935"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}