PER PRAMATH PATNAIK,J. - (1.) Since the relief sought for in all the writ petitions more or less identical, with the consent of the respective counsels, all these writ applications are heard analogously and are being disposed of by this common order/judgment.
(2.) In the accompanied writ applications, the petitioners who are teaching/non -teaching staffs of different Minority Colleges in the State of Jharkhand have inter alia prayed for implementation of the memo no.1470 dated 19.12.2012 issued by the Principal Secretary, Department of Human Resources Development (Higher Education), Government of Jharkhand, with a modification that the said notification shall also apply in the same and similar manner with regard to those teaching/non -teaching staffs, who were appointed on or before 01.12.2004 (as mentioned in the Notification) vis -à - vis it shall also apply with regard to those teaching/non -teaching staffs, who have already been retired from any of the Deficit Grant Minority Colleges of the State of Jharkhand, since the Pension Scheme itself is made applicable for the retired teaching/non -teaching staffs and the same is covered under Section 71 of the Jharkhand Universities Act as well as the Statute No.2 dated 25.11.1982 (enforced w.e.f.14.11.1980). Further prayer has been made for payment of pensionary benefits to the petitioners w.e.f. the date of implementation of the Scheme as contained in Memo No.1470 dated 19.12.2012. Further prayer has been made in the writ application for doing away the obnoxious Clause No.2 and 6 of the Scheme dated 19.12.2012 so as to modify the same to extend the benefit of Resolution No.1470 dated 19.12.2012 with regard to teaching/non -teaching staffs, who have retired prior to 19.12.2012.
(3.) The relevant points involved for adjudication of the writ application are stated hereunder: (I) Whether the Order as contained in Memo No.1470 dated 19.12.2012 issued by the Principal Secretary, Department of Human Resources Development (Higher Education), Government of Jharkhand debarring the similarly situated retired teaching/non -teaching staffs like petitioners is discriminatory and violative of Article 14, 15, 16, 21, 29, 30 and 300A of the Constitution of India (II) Whether in issuing Notification No.1470 dated 19.12.2012 by the Principal Secretary, Department of Human Resources Development (Higher Education), Government of Jharkhand results in violation of terms of the Statute as contained under Section 71 of the Universities Act as well as the Statute No.2 framed thereunder and implemented w.e.f. 14.11.1980 (III) Whether while issuing impugned notification dated 19.12.2012 whereby persons who have retired prior to the cut of date i.e. 19.12.2012 shall not be entitled to pension, amounts to hostile discrimination by creating separate class amongst equals. (IV) Whether setting of cut off date is within the domain of the State and not discriminatory or arbitrary (V) Whether the case of the petitioners can be distinguished from the ratio laid down by the Hon'ble Apex Court in the case of D.S. Nakara Vs. Union of India ;