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2025 DAILYLAW 19928 (JHR)

DR PROF SHYAM KISHORE SINGH v. STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY AND ORS

WPC/4373/2014 · 2025-03-04

Sri Ananda Sen

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.4373 of 2014 ----- Dr. (Prof.) Shyam Kishore Singh, s/o late Deoki Singh … Petitioner(s). Versus 1.State of Jharkhand through the Chief Secretary, Govt. of Jharkhand 2.The Additional Chief Secretary cum the Principal Secretary, Govt. of Jharkhand, Department of Science and Technology, Jharkhand, Ranchi 3.The Principal Secretary, Govt. of Jharkhand, Department of Personnel, Administrative Reforms and Rajbhasa, Jharkhand, Ranchi 4.The Principal Secretary, Govt. of Jharkhand, Department of Finance, Ranchi 5.Vinoba Bhave University, Hazaribagh through its Registrar 6.The Under Secretary to the Government, Department of Science and Technology, Jharkhand, Ranchi 7.The Deputy Secretary to the Government, Department of Science and Technology, Jharkhand, Ranchi 8.The Incharge Director, BIT, Sindri 9.Mr. Utpal Kumar Dey, Professor, Mining Engineering Department, BIT, Sindri cum the Incharge Director, BIT Sindri … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Naresh Prasad Singh, Advocate For the State : Mr. Kishore Kumar Singh, SC-V Mr. Krishna Prajapati, AC to SC V For the University : Ms. Indrani S. Choudhary, Advocate …...... 15 /04.03.2025: The petitioner claims that his age of superannuation should be on completion of 65 years and not 62 years as an amendment has been brought in University Act which raised the age of superannuation from 62 years to 65 years for teaching staffs of the University. 2. Admittedly the petitioner was working as Director in BIT Sindri. The petitioner was appointed as Director and now he has already superannuated on 31.08.2014 on attaining the age of 62 years. His appointment was recommended by Jharkhand Public Service Commission (JPSC). Admittedly the petitioner is an employee of the State and not of the University though he is working in BIT Sindri. Further, BIT Sindri is totally under the control and management of the State and appointments are done by the State. 3. The tenure of service of an employee would be equal to the tenure of the State Government employee. The amendment of 2012 2 in Section 67 of the Jharkhand State Universities Act, 2000 in respect of age of superannuation will have no impact in this matter. 4. The recommendation of UGC regarding increase in the age of superannuation will not automatically be effected in respect of the teachers and staffs of different educational institution in the State and in respect of their employees who are working there. 5. Thus, the petitioner as a matter of right cannot claim enhancement of the age of superannuation. 6. This writ petition is dismissed. (ANANDA SEN, J.) Tanuj/