Pramath Patnaik, J. - (1.) Since the reliefs sought for in both the writ petitions are identical, with the consent of the respective counsels, both the writ petitions are heard together and are being disposed of by this common order/judgment.
(2.) In the aforesaid writ petitions the petitioners have precisely prayed for enhancement of the age of superannuation from 60 years to 62 years in view of the amended provision of Rule 67 (A) of the Universities Act, 2005 and the petitioners have inter alia prayed for quashing the order dated 01.04.2009 (Annexure-8) and order dated 20.04.2013 (in W.P.(S) No.549 of 2009) and for quashment of the letter dated 05.12.2012 vide Annexure-6 (in W.P.(S) No.7491 of 2012).
(3.) The brief facts, as disclosed in W.P.(S) No.549 of 2010 is that initially petitioner was appointed in Sanskrit Upshashtri College, Daltonganj, Palamu on 14.01.1981 having Master degree in History on the date of appointment. Since at that time, the institute was not affiliated to University, the designation of the petitioner was Assistant Teacher. The Sanskrit Upshashtri College, Daltonganj, Palamu was taken over by the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga vide letter dated 02.03.1981 as evident from Annexure-3 to the writ petition. After bifurcation of the erstwhile State of Bihar and creation of the State of Jharkhand, all institutions like that of petitioner was brought under the Vinoba Bhave University, Hazaribagh vide letter dated 27.08.2001, vide Annexure-5 to the writ petition. The petitioners got salary from the Vinoba Bhave University, Hazaribagh. In the year 2005 an amendment was brought to the University Act, enhancing the age of retirement from 60 to 62 years, for which the petitioner applied and the application of the petitioner was rejected on 01.04.2009 passed by the Principal of the petitioner's institute vide Annexure-8 to the writ petition, which is impugned in this writ petition. During pendency of the writ petition, the petitioner retired on 31.03.2010 on attaining the age of superannuation of 60 years. During pendency of the writ petition, an interim order was passed on 26.04.2010 to decide the case of the petitioner as to whether the institution where the petitioner was working as teaching staff, is or is not a college within the meaning of Section 2(f) of the Jharkhand State Universities Act, 2000. In pursuance to the said interim order, final order dated 24.04.2013 has been passed vide Annexure-14 to the writ petition, which is under challenge in the instant writ application.;