IMPORTANT POINT
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.

JUDGMENT :

(Manoj Kumar Tiwari, J.) :

By means of this writ petition, petitioner has sought the following reliefs:-

i) Issue a writ, order or direction in the nature of certiorari calling for records and quash the office order dated 12-07-2023 contained in Annexure-1 to the writ petition, passed by the respondent no. 4, so far as it relates to the petitioner, by which the petitioner has been superannuated before attaining the age of 65 years.

ii) Issue a writ, order or direction in the nature of mandamus to direct the respondents to not superannuate the petitioner before attaining the age of 65 years in pursuance of office memo dated 04-07-2023 contained in Annexure-2 to the writ petition, issued by the respondent no.1, since the petitioner comes under the definition of teacher as per provisions Section 2 (k) read with Section 28 (c) of Chapter-XII and section 4(d) of chapter XIII of the (Uttar Pradesh (Krishi Evam Prodygik Vishwa Vidhyalaya Adhiniyam), 1958.

iii) Issue a writ, order or direction in the nature of certiorari calling for records and quash the consequential orders dated 14-07-2023 and 15-07-2023 contained in Annexure-13 & 14 to the writ petition passed by the respondent nos. 5and 6.

iv) Issue a writ order or direction in the nature of mandamus to direct the respondents to allow the petitioner to continue to serve as Professor, Vegetable Science in the Department of Vegetable Science till he attains the age of 65 years with all consequential benefits.

v) Issue a writ, order or direction in the nature of mandamus to declare that part of the office memo dated 04-07-2023 contained in Annexure-2 to the writ petition, issued by the respondent no.1, is arbitrary, illegal and against the provisions of Section 2 (k) read with Section 28 (c) of Chapter-XII and Section 4(d) of Chapter XIII of the Uttar Pradesh (Krishi Evam Prodygik Vishwa Vidhyalaya Adhiniyam), 1958, by which the respondents superannuated the petitioner before attaining the age of 65 years, so far as it relates to the petitioner.

vi) Issue a writ, order or direction in the nature of mandamus to declare action of the respondents to superannuate the petitioner before he attaining the age of 65 years is arbitrary, illegal and against the provisions of Section 2 (k) read with Section 28 (c) of Chapter-XII and section 4(d) of chapter XIII of the Uttar Pradesh (Krishi Evam Prodygik Vishwa Vidhyalaya Adhiniyam), 1958.

2. Petitioner was appointed as Associate Professor (Vegetable Breeding) in Department of Horticulture, G.B. Pant University of Agriculture and Technology w.e.f. 25.10.1991. It is not in dispute that petitioner was appointed on the recommendation of Selection Committee constituted as per provisions contained in clause 4(d) of Chapter XIII of the statutes of the University against a project funded by Indian Council for Agriculture Research (ICAR). In the appointment order dated 25.10.1991, it is mentioned that petitioner will have to abide by Regulation on Code of Conduct for Teachers of the University and further that he will also have to abide by the Act, Statutes and Rules of the University.

3. Petitioner was promoted to the post of Professor (Vegetable Science) in the pay-scale of 16,400-22,400 vide order dated 13.11.2001 passed by Chief Personal Officer of the University. By a subsequent order dated 18.10.2003, he was asked to look after the duties and responsibilities of Joint Director (Research) and it was further provided that his salary and service condition will remain unchanged. Thereafter, vide order dated 05.07.2007, petitioner was assigned additional charge of Joint Director, Vegetable Research Center and subsequently vide order dated 03.10.2009, petitioner was assigned duties of Director (Administration). However, in all these orders, petitioner’s designation was mentioned as Professor (Vegetable Science).

4. State Government had increased the age of superannuation of Teachers of G.B. Pant University of Agriculture and Technology from 60