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PRAKASH SINGH
Krishna Kumar Shukla – Appellant
Versus
State of U. P. Thru. Secy. Secondary Education Lko. – Respondent
JUDGMENT :
(Shree Prakash Singh, J.) :
1. Heard Sri Amrendra Nath Tripathi, Advocate assisted by Sri Sant Singh Rayakwar, learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned Chief Standing Counsel, Sri Vivek Shukla, Sri Pankaj Patel and Sri Tushar Verma, learned Additional Chief Standing Counsels for the State, Sri S.P. Singh, learned counsel for the opposite party no. 5 and Sri R.K. Singh Suryavanshi, learned counsel for the opposite party no. 4.
2. Under challenge is the order dated 10th January 2024, whereby, the petitioner was forced to unlawfully retired on 30th April 2024, and further a writ of mandamus is sought, commanding and directing the respondent to allow the petitioner to continue on his post of Ad-hoc Principal till end of Academic Session, that is 31.03.2025, in terms of Regulation 21 of the Regulations framed under Chapter IIIrd of the UP Intermediate Education Act, 1921, with full salary and other benefits.
3. Factual matrix of the case is that the petitioner was appointed as a Lecturer (Agriculture), on 3rd March 1989, in Bakshi Ka Talab Inter College District Lucknow, thereafter, the service of the petitioner was regularised with effect from 7th
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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.
Vested rights to pension cannot be revoked by subsequent amendments or government orders unless explicitly stated to have retrospective effect; the age of superannuation is determined by existing reg....
UGC Regulations prescribing superannuation at 62 years for college teachers not binding on State Government employees unless expressly adopted by State via service rule amendments.
The central legal point established in the judgment is the interpretation of the retirement age for Persian teachers as per the notification, emphasizing the requirement of a show cause notice prior ....
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