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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA
Md Arshad Ekbal Son of Md. – Appellant
Versus
Maulana Azad Natitonal Urdu University through its Registrar – Respondent
| Table of Content |
|---|
| 1. age of superannuation and employment post classification. (Para 1 , 2 , 3 , 4 , 5) |
| 2. challenge to the classification of regional director's post. (Para 6 , 7) |
| 3. arguments regarding ugc classification and appointment history. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. misleading arguments on pay scales and classifications. (Para 14 , 15 , 16) |
| 5. (Para 17 , 18 , 19) |
| 6. ruling on petitioner's age of superannuation. (Para 20) |
| 7. resolution on recovery of payments. (Para 21 , 22) |
JUDGMENT :
ANIL KUMAR SINHA, J.
1. The petitioner has preferred the present writ application for quashing the letter no. 1098 dated 05.11.2024 issued by the respondent no. 4 whereby the petitioner has been informed that the petitioner would superannuate on 28.02.2025 on attaining the age of superannuation of sixty years. Further it has been informed that recovery of excess payment on revision of pay on conversion from “Other Academic Staff” to “Non Teaching” staff is also pending and the petitioner was requested to submit APARs of previous five years for taking necessary action to award financial upgradation under MACP before retirement.
2. The petitioner basically has challenged his age of superannuation
The classification of the petitioner as a Non-Teaching employee is upheld, confirming a retirement age of sixty, as per UGC guidelines and university policy.
The age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
Physical education directors are categorized as non-teaching staff under University Ordinances, retaining a superannuation age of 62, despite claims of being treated as teachers for benefit purposes.
The main legal point established is that the superannuation age for a petitioner holding a teaching position should be determined in accordance with the applicable notification and regulations, with ....
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
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