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SIDDHARTH
Devendra Narain Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Siddharth, J.
Rejoinder-affidavit filed today is taken on record.
2. Heard Sri Ajay Rajendra, learned counsel for the petitioner, learned Standing Counsel, appearing on behalf of respondent No. 1, Sri Dinesh Chandra Mishra, learned counsel for the respondent Nos. 2 & 3 and Sri Rijwan Ali Akhtar, learned counsel for respondent No. 4.
3. This writ petition has been filed praying for quashing of the order dated 6.12.2021 passed by the respondent No. 3, the Director Administration and Monitering, Sardar Vallabhbhai Patel, University and Agriculture and Technology, Modipuram, Meerut. Further prayer has been made for directing the State Government to increase the age of superannuation of the petitioner/teaching staff of the aforesaid University and alter the statutes of the University.
4. The facts of the petition are that the petitioner was appointed on 20.11.1992 as Assistant Professor in Govind Ballabh Pant University and Agriculture and Technology, Udham Singh Nagar and he was transferred on 5.7.1999 from Research Centre Lohaghat, District Champawat to Research Centre, Nagina, District Bijnor in Moradabad Division by the University aforesaid and he worked there upto 26.
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 ....
The age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
Hon’ble Supreme Court has already found that “UGC Regulations” had undergone a change, consequent to decision of Government of India mentioned above and , an argument on contrary is tenuous.
Service Matter – Age of retirement – 1 - Every Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixty years:2- Government ....
The UGC Regulations apply to universities and colleges receiving substantial financial assistance from the State Governments and cannot be enforced on private unaided institutions. The age of superan....
The court emphasized the employer's discretion in fixing the age of superannuation and upheld the validity of Rule 19 of the 1974 Rules, highlighting the State's decision not to implement the UGC Reg....
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