PARSHURAM PATHAK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the State as also learned counsel for the respondent Vinoba Bhave University.

(2.) The petitioner is aggrieved by the letter No. 144/2015 dated 21.01.2015 , issued by the Principal, Sanskrit Upshastri Mahavidyalaya, Medninagar, Palamau, whereby the petitioner has been informed that he shall be retiring from service w.e.f. 31.01.2015 upon completion of 60 years of age. In the said letter the designation of the petitioner has been shows as Lecturer in Political Science in the college, and the college has been shown as an affiliated unit of Vinoba Bhave University, Hazaribag, imparting education up to Upshastri (Intermediate) level.

(3.) It is stated in the writ petition that the Upshastri level Sanskrit colleges were established prior to the year 1978 as old schools in the name of Hathua Raj Sanskrit Vidyalaya and later on they were recognized as Sanskrit Colleges by the State Government and the financial liabilities of such institutions were taken over by the State Government and Kameshwar Singh Darbhanga Sanskrit University. The petitioner was appointed as an Assistant Teacher in Sanskrit Uchatar Madhyamik Vidyalay, Medninagar, Daltonganj Palamau, on 09.03.1981 and his qualification was B.A. pass. The appointment of the petitioner was also approved by Kameshwar Singh Darbhanga Sanskrit University by the letter contained in memo No. 1611/82 dated 20.04.1982, as contained in Annexure -1 to the writ application. After the creation of the State of Jharkhand, the said institution was taken over by Vinoba Bhave University, Hazaribag, as it came within the territorial jurisdiction of the State of Jharkhand. The notification taking over the said institution in the name and style Sanskrit Upshastri Mahavidyalaya, Daltonganj, Palamau, alongwith other colleges was issued under memo No. 1716 dated 15.12.2003, by the Vinoba Bhave University, Hazaribag, as contained in Annexure -2 to the writ application. The said letter shows that three Sanskrit colleges were affiliated to the University, whereas other three institutes imparting education up to Upshastri level were taken over by the University.