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ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
State of U. P. – Appellant
Versus
Javed Bahar – Respondent
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 a
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 court established that a Senior Research Officer is classified as a Teacher under the university's statutes, entitled to benefits of extended service age.
The court emphasized that the applicability of government orders with retrospective effect and the re-appointment of superannuated individuals are within the executive domain and cannot be directed b....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
Fixed age of retirement established at the time of appointment cannot be altered to the detriment of employees, and any amendments operate prospectively.
The court established that teaching staff have a right to enforce the statutory age of superannuation of 65 years, as per the University Grants Commission regulations.
increasing the age of superannuation only in the case of Professors, there is no violation of Article 14 of the Constitution of India, as alleged, for the simple reason that whereas equals cannot be ....
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