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2024 Supreme(All) 574

ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
State of U. P. – Appellant
Versus
Javed Bahar – Respondent


Advocates Appeared:
For the Appellant : Rakesh Kumar, Manoj Kumar Singh, Pradeep Singh Sisodia, C.S.C., Ankit Gaur
For the Respondent: C.S.C., Om Prakash Tripathi, Rakesh Kumar, Arvind Kumar Upadhyay, Varad Nath.

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

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