2025:JHHC:23652 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1655 of 2015 Yadu Nandan Singh, aged about 71 years, S/o Late Rasdhari Singh, Lecturer (Electrical Engineering) Senior Scale [Since retired], Government Polytechnic, Latehar, At & P.O.-Kurra, P.S. & District-Latehar-829206, the then residing in the House of Mr. Khalid Hussain Khan, At-Amwatikar, P.O., P.S. & District-Latehar-829206 (Jharkhand) [at the time of filing of the writ petition in the year 2015], permanent resident of Village- Saraukh, P.Ο.-Dariapur, District-Bhagalpur (Bihar), PIN-812006. ... … Petitioner(s) Versus 1. State of Jharkhand through the Principal Secretary, Government of Jharkhand, Department of Science & Technology, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi-834002 (Jharkhand). 2. The Director, Department of Science & Technology, Government of Jharkhand, Nepal House, P.O. & P.S.- Doranda, Town & District-Ranchi- 834002 (Jharkhand). 3. The Incharge Principal, Government Polytechnic, Latehar, At-Kura, P.O., P.S. & District-Latehar-829206 (Jharkhand). 4. State of Bihar through the Principal Secretary, Government of Bihar, Department of Science & Technology, Technology Bhawan, Bailey Road, Patna-800001 (Bihar). 5. The Director, Department of Science & Technology, Government of Bihar, Technology Bhawan, Bailey Road, Patna-800001 (Bihar). .… … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Arvind Kumar Singh, Advocate For the Respondent(s) : Mr. Binit Chandra, Advocate -------- Order No. 09/Dated: 11th August 2025 The instant writ application has been preferred by the petitioner for the following prayers: “(i) For issuance of a writ of or in the nature of mandamus thereby directing the concerned Respondents to: - a. To enhance the age of superannuation of the petitioner from 62 years to 65 years by making it at par with the similarly situated teachers whose service conditions are guided under the terms and conditions of the All India Council for Technical Education and also in tune with the University Teachers of State of Jharkhand (Annexure-5 & 6 read with Annexure-7) and to allow him to continue in the service of the Government of Jharkhand till he attains the age of 65 years i.e. till 30.06.2018 with all consequential 2025:JHHC:23652 2 benefits thereof. [This prayer was already made in the original writ petition vide Para-1(i)(a)]. b. To pay the cost of litigation. [This prayer was already made in the original writ petition vide Para-1(i)(b)]. Or alternatively, c. To finally allocate the services of the petitioner as per the option given by him [Annexure-3 Series & 9 Series) for his final cadre allocation to the Successor State of Bihar where the age of superannuation and retirement of the Teachers of the Government Polytechnics has already been enhanced from 62 years to 65 years with effect from 31.07.2012 [Annexure-8 Series]. [This prayer was already made in the original writ petition vide Para- 1(i)(c)]. (1)(II)(a) For issuance of a writ of or in the nature of certiorari for quashing the date of applicability/coming into effect of Memo No.2503 Ranchi dated 22.11.2016 [through which the superannuation age of teachers of the technical institutions has been enhanced from 62 years to 65 years, [Annexure-10 to the amended writ petition (Annexure-1.A.-1 of the I.A.)] which has been made effective from the date of issue (22.11.2016) of the said Resolution] and further it may kindly declared that under the powers conferred upon the State Government through Article-162 and 309 read with Item No.25 of the Concurrent List, Seventh Schedule, Constitution of India, it is bound to make the said Resolution dated 22.11.2016 effective for the instant petitioner with (retrospective) effect from 26.12.2012 (Annexure-4 Series, 5, 6 & 7 to the writ) or alternatively from 10.10.2013 [Annexure-11 to the amended writ petition (Annexure-I.A.-2 of the I.A.)] on the ground that the powers conferred on the Executive of the State is coextensive with the powers of the State Legislature and Executive of the State has no power to discriminate the petitioner by choosing an arbitrary date in contravention to the date already decided/chosen by the State Legislature. [This prayer has been allowed to be added in the original writ petition vide order dated 05.01.2023 passed in I.A. No.3596 of 2017 (Para- 10 of the said I.A.)]. And/Or (ii) Any other relief(s) which Your Lordships may deem fit and proper in the facts and circumstances of the instant case.” 2. At the outset, learned counsel for the respondents submits that the issue involved in this writ application was same and similar with that of W.P.(S) No. 6109 of 2014 and the Co-ordinate Bench of this Court has rejected the claim of the writ petitioner in the said case by holding as under: “7. From resolution dated 31.03.2012 issued by the Science & Technology Department, Government of Jharkhand, it is noticed that the though the respondents have adopted the notification dated 5th March, 2010 issued by AICTE but have excluded the provision for age of superannuation, as would be evident from Clause 3 and Clause 9(iii) of the said resolution dated 31.03.2012. Thus, the petitioner cannot claim for enhancing the age of superannuation from 62 years to 65 years as a matter of right. 8. Further the Government of Jharkhand on 26th December, 2012 issued gazette notification, implementing the Jharkhand State University (Amendment) Act, 2012. By the said notification age of superannuation of teachers of University or college and those officers declared equivalent to 2025:JHHC:23652 3 them by the statute of the university was enhanced to sixty-five years. But the benefit of this notification also was not extended to Government Polytechnic Teachers. 9. Subsequently, the Science and Technology Department, State of Jharkhand vide Resolution under Memo No. 2503 dated 22.11.2016 has enhanced the age of superannuation of teachers of Government Polytechnic and Government Engineering Colleges from 62 to 65 years with effect from the date of issuance of the said resolution, i.e., 22.11.2016. However, in the meantime, since the petitioner had superannuated on 31.01.2015, the petitioner cannot claim the benefit of enhancement of age of superannuation, on the basis of the said resolution. 10. Considering the facts of this case and judgment of the Hon’ble Supreme Court, since the petitioner has already been superannuated, I am of the opinion that no benefit can be given to the petitioner and thus, this writ petition stands dismissed.” 3. Learned counsel for the respondent-State further submits that since the issue has already been decided as such the instant writ application may also be disposed of in the light of same reasoning what has been given in the above referred case. 4. In reply to the same, learned counsel for the petitioner fairly contended that the issue of this writ application as well as W.P.(S) No. 6109 of 2014 are same and similar. 5. Having regard to the aforesaid submissions and looking to the prayers made in this writ application coupled with the judgment referred to hereinabove, the instant writ application also stands dismissed in view of the fact that the petitioner has already been superannuated, therefore, no benefit can be given to the petitioner. 6. Pending I.As., if any, stands disposed of. (Deepak Roshan, J.) Amit