IMPORTANT POINT
No benefit can be had from a subsequent notification.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

A Division Bench of the High Court of Judicature at Allahabad dismissed, by its judgment dated 2 February 2018, a Writ Petition instituted by the appellant under Article 226 of the Constitution. By his petition, the appellant sought a mandamus for his continuance in service as Professor and Head of the Department of Cardiology of the LPS Institute of Cardiology in GSVM Medical College, Kanpur until he attained the age of 65. He claimed this relief on the basis of a notification dated 6 February 2015 of the Government of Uttar Pradesh extending the age of retirement from 60 to 65 years. The appellant had before the issuance of the above government notification attained the age of superannuation of 60 years on 13 August 2014. But, in terms of a Government decision "GO" dated 19 November 2012, he had been granted a 'session benefit' of an extension of service up to 30 June 2015. Based on this extension, the appellant's case is that he is entitled to the extension in the age of retirement which has been brought about by the notification dated 6 February 2015. This claim has been repelled by the judgment and order of the Allahabad High Court which is questioned in appeal.

2. On 1 April 1992, the UP Fundamental Rules "Fundamental Rules" were notified under Section 241(2)(b) of the Government of India Act 1935. Rule 56 provides that:

"Except as otherwise provided in this Rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:

Provided ..."

3. On 21 December 1990, the Uttar Pradesh State Medical Colleges Teachers, Service Rules 1990 "the Rules of 1990" were notified by the Governor in exercise of powers conferred by the proviso to Article 309 of the Constitution. Rule 9 prescribed a maximum age for recruitment in medical colleges, by direct recruitment. For Professors, it was 45 years. Among other things, the Rules made a provision for constitution of cadres in Part II, recruitment in Part III, quantifications for appointment in Part IV, procedure for recruitment in Part V and provisions for pay related matters in Part VII. The Rules did not prescribe the age of retirement. But, Rule 26 contained the following stipulation:

"26. Regulation of other matters. - In regard to the matters not specifically provided in these rules or in special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants in connection with the affairs of the State."

By virtue of Rule 26, the age of retirement of professors in medical colleges was governed by Rule 56 of the Fundamental Rules which stipulated it as 60 years.

4. On 16 March 2005, the Medical Council of India Minimum Qualifications for Teachers in Medical Institutions Regulations 1998" the MCI Regulations 1998" were amended in pursuance of powers conferred by the Indian Medical Council Act 1956 to incorporate an enabling provision in the following terms:

"The maximum age limit upto which a person can be appointed or granted extension or re-employed in service against the posts of Teachers or Dean or Principal or Director, as the case may be, which are required to be filled up as per the norms of the Medical Council of India in any Medical College or Teaching Institution for imparting Graduate and Post-Graduate medical education, shall be 65 years."

This provision was made in view of the shortage of medical teachers. It was amended on 17 September 2010 so as to substitute 70 years for 65 years.

5. By a decision notified on 19 November 2012, the State of Uttar Pradesh provided that Assistant Professors, Professors and Principals of Government Medical Colleges who were to retire after reaching the age of superannuation during the midst of an academic session would be granted an extension of s