M.KARPAGA VINAYAGAM, C.J. - (1.) THESE two writ petitions have been filed by the Karmchari Sangh and Federation, seeking for a declaration that the Jharkhand State Universities (Amendment) Act, 2002, omitting Section 67(a) of Bihar/Jharkhand State Universities Act, 1976, and making the age of superannuation of the employees of the Universities to be 60 years is ultra vires and for issuance of further direction by way of declaration that the age of such employees of the Universities, who were appointed prior to commencement of the Bihar State Universities Act, 1976, shall be 62 years.
(2.) THOUGH several points have been urged to quash the notification impugned in these petitions, we cannot give such a declaration with reference to the Jharkhand State Universities (Amendment) Act, 2002, as the prayer becomes infructuous on account of the fact that the said notification has been substituted by further amendment under the Amendment Act, 2005. As per Section 67(a) of the Amendment Act, 2002, the age of retirement of teaching as well as non -teaching employees of the Universities or Colleges shall be 60 years. Now the Section 67(a) has been amended by the Jharkhand State Universities (Amendment) Act, 2005. As per the amended Section 67(a), the age of retirement of the teachers of the University or College is 62 years, whereas the age of retirement of non -teaching employees of the Universities remained at 60 years. The following is the Amendment Act, 2005: Notwithstanding anything to the contrary contained in any Act, Rules or any judgment or decree of a Court, the date of retirement of teachers of University or College and those officers declared equivalent to them by the statute of the University, with effect from the date of notification of this Act in the official Gazette, shall be the date on which he/she attains the age of sixty -two years; the date of retirement of non -teaching employee shall be the date on which he/she attains the age of sixty years. The other writ petitions, W.P. (S) Nos. 2518/2007, 3561/2007 and 1640/2007, by individual non -teaching staff, have been filed challenging the notification issued under the Amendment Act, 2005.
(3.) SO far as the non -teaching employees are concerned, their age of retirement had been reduced from 62 years to 60 years as per Amendment Act, 2002, but prior to this amendment, the age of retirement of non -teaching employees was 62 years as per Act 1976. Therefore, though the Amendment Act, 2002 has been substituted by Amendment Act, 2005, one point urged in these writ petitions and also in those filed by individual non -teaching staff challenging Amendment Act, 2002 and Amendment Act, 2005 respectively survives as it is common in both sets. The said point is as follows: The petitioners being appointees prior to 1976 were entitled to retire on completion of 62 years as at the time of their appointment, the age of superannuation fixed for non -teaching employees was 62 years. By virtue of the Amendment either in 2002 of 2005, their existing right cannot be taken away by virtue of giving retrospective effect to the statutory provision. ;