AIROnline 2025 SC 678

Supreme Court Of India

(From : 2024 Lab IC 966 (Cal))

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Manoj Misra , JJ

West Bengal Universities (Control of Expenditure) Act (17 of 1976) , S.4— Constitution of India , Art.14— Extension of retirement age - Denial of benefit - Appellant had already rendered over fourteen years of service, when State of West Bengal, issued a Memorandum Notification increasing age of retirement from 60 years to 65 years - Notification provided that benefit of increased age of retirement was extended only to those who had acquired a minimum of 10 years of continuous teaching experience in any State-aided university/college - Object of providing, "continuous teaching experience of 10 years in any university" as a condition in Notification was not at all to exclude such experience from universities or colleges outside State of West Bengal - To insist on past teaching experience of 10 years within State of West Bengal for extension of service, particularly when employee had already worked for fourteen years was arbitrary and illegal - Order denying benefit of Notification was set-aside by declaring that appellant will be entitled to benefit of Notification. 2024 Lab IC 966 (Cal)-ReversedAIR 2002 SC 2897-Relied on In the instant case, the appellant had already rendered over fourteen years of service, when State of West Bengal, issued a Memorandum dated 24.02.2021 increasing the age of retirement from 60 years to 65 years. The Memorandum....