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VIPIN SANGHI, RAKESH THAPLIYAL
Harish Chandra Chandola – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Vipin Sanghi, J.
Issue notice.
2. Counsel for the respondents appear and accept notice.
3. The reliefs sought in the present writ petition are the following :
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the benefit of re-employment to the petitioner as per para 16.24 of the First Statutes till 30th June 2024.
(iii) Issue any other writ, rule or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case.
(iv) Award cost of the petition.”
4. The case of the petitioner is that his due date of retirement is 31.08.2023. He is working as Professor, Department of Physics, D.S.B. Campus, Kumaun University, Nainital.
5. The petitioner has impugned the order dated 03.11.2022, whereby he has been shown to retire from service on 31.08.2023. The petitioner claims t
Employees retiring after 30th of June are entitled to continue in service/re-employment till 30th of June of the next year as per Statute 16.24.
Teachers superannuating mid-academic session entitled to re-employment till June 30 under university statutes; provision applies universally; post-superannuation amendments prospective, cannot divest....
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.
Extension of service is a concession for the benefit of students and cannot be claimed as a right.
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....
Court cannot exercise power akin to Article 142 of the Constitution of India in the face of the express provisions and in violation of the law.
University teachers' retirement age is governed by specific statutes, distinct from state-maintained institutions, establishing a compulsory retirement age of 58.
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