Arindam Sinha,J. - (1.) This writ petition has been listed under heading 'to be mentioned' at instance of petitioner. Petitioner is aggrieved by communication dated 1st August, 2018 by which he was told he is to retire on completing 60 years of age as on 31st January, 2019. Mr. Saha Roy, learned advocate appears on behalf of petitioner and draws attention to notification dated 27th January, 2017 which says, inter alia, as follows: "In exercise of the powers conferred by section 4 of the West Bengal Universities (Control of Expenditure) Act, 1976 (West Ben. Act XVII of 1976) as amended by the Ordinance No. 1 of 2017 {The West Bengal Universities (Control of Expenditure) (Amendment) Ordinance, 2017}, the Governor is hereby pleased to direct that the age of retirement of full-time regular teachers and Principals, holding a substantive post and enjoying Government-approved regular scale of pay, including Librarians and Graduate Laboratory Instructors (enjoying teaching status and equivalent scale of pay) in all State-aided Universities and Government-aided colleges, who are in service on 1st January, 2017 and scheduled to retire on or after 31st January, 2017, shall be enhanced from sixty (60) years to sixty two (62) years, with immediate effect."
(2.) He relies on West Bengal Act XXXVI of 1981 (Rabindra Bharati Act), to amended clause (22) in section 2 which reads as follows: "22. "Teacher of the University" means a Professor, Reader, Lecturer, Accompanist or any other person, appointed or recognized as such by the University, either whole-time or part-time, for the purpose of imparting instruction or conducting research or assisting in the teaching of music or dance by providing instrumental or vocal accompaniment, in the University;"
(3.) He submits, there was a writ petition decided regarding status of 'Accompanist'. The decision is now subject matter of appeal MAT 427 of 2018 (Biswajit Ghosh Vs. Dhimadhab Kritania and Ors.). Interim order dated 28th September, 2018 was made which contained following direction subsequently extended and continuing. "We, therefore, feel that the portion of the order by which the Single Bench held that the status of the appellant got changed because of the amendment in Clause 22 of Section 2 of the University Act, 2012 is concerned, the same should not be given effect to, nor any decision shall be founded thereupon, if any taken, till the end of December, 2018 or until further order, whichever is earlier." ;