ANADI KUMAR GORAI v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT
WPC/1953/2025 · 2025-04-28
Deepak Roshan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10802 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10802 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12779 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1953 of 2025
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1. Anadi Kumar Gorai, aged about 67 years, son of Late Shiv Shankar Gorai, resident of Village + P.O. Gandrakpur, P.S. Shikaripara, District Dumka, Jharkhand.
2. Vikash Prasad Pathak, aged about 63 years, son of Late Punit Panda, resident of Village Dhouni, P.O. Dhouni, P.S. Saraiyahat, District Dumka, Jharkhand. ... … Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, School Education and Literacy Department, having its office at Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi, Jharkhand.
2. The Deputy Commissioner, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
3. The Secretary, Jharkhand Academic Council, having its office at Namkum, P.O. and P.S. Namkum, District Ranchi, Jharkhand.
4. The District Education Officer, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand.
5. The Secretary, Managing Committee Inter College, Shikaripara, P.O. and P.S. Shikaripara, District Dumka, Jharkhand.
6. Pramodini Soren wife of Bronlen Murmu, resident of Village Agoyasarmundi, P.O. Kairabeni Mission, P.S. Fatehpur, District Jamtara, Jharkhand. … … Respondent(s)
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s)
: Mr. D. C. Mishra, Advocate For the State
: Mr. Shivam Singh, AC to SC-II For the JAC
: Mrs. Richa Sanchita, Advocate
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Order No.02 /Dated: 28th April 2025
The instant writ application has been preferred by the petitioner for quashing and setting aside the Memo No. 577 dated 21.03.2025 (Annexure-8 to the writ application) passed by the 4th Respondent whereby services of petitioner no.1 from the post of Principal and petitioner no.2 from the post of Lecturer, Shikaripara Inter College have been terminated with immediate effect pursuant to the order passed by the Deputy Commissioner, Dumka issued under Memo No. 572 dated 20.03.2025
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(Annexure-7 to the writ application).
2.
Learned counsel for the petitioners submits that since there is no rule or any other executive order governing the retirement age of an employee in the private colleges as such the impugned order is bad in law.
3. Admittedly, the petitioner no.1 is aged about 65 years and petitioner no. 2 is aged about 63 years. From the impugned order it appears that since both these petitioners have crossed the age of 60 years as such they are discharged from their duties. This Court is of the opinion that there is no error in the impugned order.
It goes without saying that there is also a rule in the Jharkhand Academic Council that superannuation of an employee of the private added colleges will be guided by the Jharkhand Service Code. Before parting, it is necessary to observe that the Government should come forward with some rules and regulations with regard to superannuation of the teachers of the private added college.
Accordingly, the instant writ application stands disposed of.
(Deepak Roshan, J.) Amit