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2020 Supreme(SC) 51

D.Y.CHANDRACHUD, AJAY RASTOGI
Chandra Mohan Varma – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant :P.S. Patwalia, Sunil Gupta, M. Shoeb Alam, Siddharth Buxy, Mojahid Karim Khan, Advocates
For the Respondent:Ankit Goel, Gaurav Singh, Advocates

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 date


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