JUDGMENT :

Ashwani Kumar Mishra, J.

1. This bunch of special appeals are filed by the State of Uttar Pradesh as well as Chandra Shekhar Azad University of Agricultural and Technology, Kanpur, challenging the judgment and order dated 14.08.2023, passed by learned Single Judge in a batch of writ petitions with leading Writ-A No.10622 of 2022 filed by Dr. Rajendra Prakash Vyas and others.

2. The issue before learned Single Judge was as to what would be the age of superannuation of the respondents-petitioners. The respondents-petitioners contended before learned Single Judge that they are to be treated as faculty member of the Agricultural University at Kanpur, against teaching positions, and hence are entitled to continue in service till the age of superannuation i.e. 62 years. The case of the appellants-respondents before learned Single Judge, on the other hand, was that the respondents-petitioners were member of non-teaching staff and were to retire at the age of 60 years under the Statute. Learned Single Judge upon consideration of the cause has held that all the respondents-petitioners are members of teaching faculty and would be entitled to continue in service till they attain the age of superannuation of a teacher i.e. 62 years. All consequential benefits have been allowed to the respondents-petitioners. Thus aggrieved, the appellants-respondents have filed the present bunch of appeals.

3. Chandra Shekhar Azad University of Agricultural and Technology, Kanpur (hereinafter referred to as ‘Agricultural University at Kanpur’) is a university established under the provisions of the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam), 1958 (hereinafter referred to as ‘Act of 1958’). Section 2(k) of the Act of 1958, as it stood prior to its amendment in 2019, defined ‘Teacher’ in following words:-

“2(k). "Teacher" means a person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research or extension programmes and includes a person who may be declared by the statutes to a teacher; and

1. (University means the Govind Ballabh Pant Evam Prodyogik Vishwavidyalaya or the Narendra Deva Krishi Evam Prodyogik Vishwavidyalaya or the Chandrashekhar Azad Krishi Evam Prodyogi Vishwavidyalaya, as the case may be).”

4. Section 28 of the Act of 1958 provided for framing of statutes subject to the provisions of the Act which were to provide for :

(a)……………………..

(b)……………………..

(c) The designation, manner of appointment, powers and duties of the officers of the University.

5. The manner of making statutes is specified in Section 29. Statutes have been framed accordingly. Chapter XXI of the Statutes contain terms and conditions of service of employees of the University (Agricultural University at Kanpur) other than Vice Chancellor. Clause 7(i) of the Statutes provides the age of superannuation for all employees of the University to be 60 years. Clause 7(a)(ii) of the Statutes provides for the age of superannuation of the teachers/scientists as 62 years. The provisions, in that regard, are reproduced hereinafter:-

“7. Age of Retirement

(i) The age of superannuation for all classes of employees of the University shall be 60(sixty) years. In no case extension or re-employment will be given to any of its employees.

7(a)(ii). The age of superannuation of teachers/scientists of the university shall be 62 years after 1.7.2003. In no case extension or re-employment will be given to any of its employees.”

6. Section 2-A of the Act of 1958 provided for establishment of Agricultural Universities at Faizabad and Kanpur. We are concerned in this bunch of appeals with the Agricultural University at Kanpur. The other University established under the Act of 1958 was Narendra Dev Krishi Evam Prodyogik Vishwavidyalaya, Faizabad (hereinafter referred to as ‘Agricultural University at Faizabad’). Before establishment of these two Universities there existed an earlier Agricultural University in the erstwhile State o