S.J.MUKHOPADHAYA,A.C.J. - (1.) THIS appeal has been preferred by the appellants -Ranchi University Grade -IV Staff Association (in short 'the Association') and another against the order dated 17th March, 2004, passed in W.P. (S) No. 1508 of 2004, whereby and whereunder the learned Single Judge has upheld the direction, issued by the Secretary, Human Resources Development (Higher Education) Department, Government of Jharkhand, Ranchi vide Letter No. 5/B1 -40/2002 Edn. 268 dated, 19th February, 2004 to retire the teaching/non -teaching employees of the Universities /constituent Colleges within the State of Jharkhand, on completion of 42 years of service.
(2.) THE questions, required to be determined in the present appeal, are : (i) Whether an employee of the University/constituent College can be allowed to retire prior to the age of superannuation on the ground that he has completed 42 years of service? and (ii) Whether the direction, issued by the Secretary, Human Resources Development (Higher Education) Department, Government of Jharkhand, Ranchi. vide Letter No. 5/B1 - 40/2002 Edn. 268, dated 19th February, 2004, is illegal and without Jurisdiction? For determination of the issues, it is important to mention the relevant facts and to discuss the relevant Rules, Regulations etc. The teaching and non -teaching (both Class III and Class IV) employees of the Universities/constituent College within the State of Jharkhand, which was a part of the then State of Bihar, are governed by the Bihar State Universities Act, 1976 (in short 'Act. 1976'), now known as Jharkhand State Universities Act, 2000 (In short 'Act, 2000), after adoption of the same with certain amendment by the. successor State of Jharkhand. The 1st petitioner is an Association of Class IV staff of Ranchi University whereas the 2nd petitioner, who is also class IV employee of the Ranchi University, is a member of the said Association.
(3.) FOR the purpose of superannuation, they are guided by Section 67 of the Act, 1976 (now Act, 2000), wherein, 60 years is the age, prescribed for retirement of teaching and non -teaching employees of the University or of a College, other than a Inferior servant. For those non -teaching employees, appointed prior to commencement of the Act, 1976 (15th August, 1976), 62 years the age, prescribed for retirement. Higher Education Department of the Government of Bihar in the year, 1999 issued Letter No. 15/M1 -014/99 (Part -1) 1961, Patna dated 12th November, 1999, wherein the subject was mentioned as 'Matter relating to fixation of minimum and maximum age for appointment of non -teaching employees of University/constituent Colleges.' It was informed that after considering all the relevant points, Government has decided (i) Like the Government employees, for appointment of non -teaching employees in Universities/constituent Colleges minimum age of 18 years and maximum age of 35 years for General Category, 37 years for Backward/Most Backward categories, 38 years for Female (General, Backward and Most Backward) category and 40 years for Scheduled Caste/Scheduled Tribe categories be fixed. It was further ordered to make necessary amendment In the Universities Act, and (ii) As 44 years should the general maximum service period, steps should be taken to get those non -teaching employees retired, who have completed 44 years of service, in public interest, after giving three months' prior notice in terms of Section 67 -C (ii) of the Bihar State Universities Act. 1976 and Section 64 -C (ii) of the Patna University Act, 1976.;