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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR, J.
Dr. Anil Kumar Katiyar And Another - Petitioners
Versus
State Of U.P. And Others - Respondents
Writ A. No. 19750 of 2022 Connected with Writ A. No. 21223 of 2022, Writ A. No. 21543 of 2022, Writ A. No. 21585 of 2022, Writ A. No. 2932 of 2023
Decided On : 21-12-2023
JUDGMENT :
(Ajit Kumar, J.)
1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Mayank Singh, learned counsel for the petitioner in Writ – A No. 19750 of 2022, Sri Ajeet Singh, learned Advocate holding brief of Sri Indra Raj Singh, learned counsel for the petitioner in Writ – A No. 2932 of 2023, Sri Atul Tej Kulshrestha, learned Advocate appearing for the respective petitioners in Writ – A No. 21543 of 2022 and Writ -A No. 21585 of 2022, Sri Manoj Kumar singh, learned counsel for the petitioner in Writ – A No. 21223 of 2022, Sri P.K. Ganguly, learned Advocate appearing for the University namely Sardar Vallabh Bhai Patel University of Agriculture and Technology, Meerut, Sri Rakesh Kumar, learned Advocate appearing for Chandra Shekhar Azad University in the respective petitions, Sri Ashok Mehta, learned Additional Advocate General assisted by Sri Manoj Kumar Singh, learned Chief Standing Counsel and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondents.
2. All these petitions since raise common question of law, therefore, have been heard together and are being decided by this common judgment and writ petition of Dr. Anil Kumar Katiyar and another being Writ – A No.-19750 of 2022 is taken to be the leading petition and the documents of this petition have been referred to for reference purposes.
3. Petitioner No.-1, namely, Dr. Anil Kumar Katiyar (Writ – A No. -19750 of 2022) was appointed on 14th January, 1995 as Assistant Professor (Soil Science) and was given posting at Krishi Vigyan Kendra, Badaun whereas petitioner No.-2, namely, Madhvendra Singh was appointed as Assistant Professor Agricultural Engineering and was posted at Krishi Vigyan Kendra, Ghaziabad. For the purposes of reference the appointment order of Dr. Anil Kumar Katiyar is reproduced hereunder:
Pant Nagar-263145 Distt. Nainital, U.P.
Personnel Management Section
No.PMS(A)III/SCR/8200
Date: Jan. 14, 1995
Sri/Dr. Anil Kumar Katiyar,
C/O Sri M.C. Sachan
11, New Market, Pantnagar
With reference to your application dated 25.7.94 and on the basis of the approval by the Board of Management of this University, the Vice-Chancellor has been pleased to appoint you on the post of Training Associate/S.M.S./Asstt. Professor (Soil Science) temporarily in the University in the pay scale of Rs.2200-4000. You will be allowed a basic pay of Rs.2200/-Rupees Two thousand two hundred only), per mensum in the above scale plus dearness allowance as per rules of the University with effect from the date of joining.
2. The terms and conditions of your services shall be as mentioned in the form of contract already executed by you.
3. Residential accommodation, as available will be provided to you on rent.
4. The University will not pay any travelling allowance for taking up the above appointment.
5. You will have to abide by regulation on code of Conduct for teachers of this University, (a copy of the same is enclosed).
6. You will have also to abide by the Act, Statutes and Regulations of the University as framed or modified from time to time.
7. Please inform the Chief Personnel Officer immediately if the appointment is acceptable to you. If so you should report for duty to the Officer Incharge, K.V.K. Badaun of this University latest by 13.2.1995.
(M.S. Gangwar)
Chief Personnel Officer
for Vice-Chancellor”
4. Both the petitioners completed their Ph.D. degree from the University and were promoted on 12th April, 2017 as Professor, KVK. The promotion order of petitioner Dr. Anil Kumar Katiyar as a Professor dated 12th April, 2017 is reproduced hereunder:
Sardar Vallabhbhai Patel University of Agriculture & Technology,
Meerut – 250110
No: SVP/PS2017/5488
Date: 12.04.2017
Order
Consequent upon the promotion from Programme Coordinator/Associate Director Extension to Professor (KVK) under Career Advancement Scheme as promulgated by the U.P. Govt. vide G.O. No. 290/12-8-2002-400(43)/
The amended definition of 'teacher' in the Uttar Pradesh State Agricultural Universities Act, 1958 operates prospectively, allowing petitioners employed in Krishi Vigyan Kendras to retire at 62 years....
The court established that a Senior Research Officer is classified as a Teacher under the university's statutes, entitled to benefits of extended service age.
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.
University Grants Commission Regulations on superannuation are recommendatory and not binding on state universities, allowing discretion in their implementation.
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
The definition of 'Teacher' under the U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958, encompasses roles involved in research and extension, qualifying the petitioner for retirement benefi....
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