IMPORTANT POINT
The definition of 'Teacher' under the Uttar Pradesh Act includes those recognized by the university, impacting superannuation benefits.

JUDGMENT :

(Manoj Kumar Tiwari, J.) :

By means of this writ petition, petitioners have sought the following reliefs:-

“i. Issue a writ or writs, order or orders, direction and directions particularly a writ in the nature of certiorari quashing the order being Order. No. 730/XIII-2/202314(02)/2016 dated 04.07.2023 issued by respondent no. respondent no. 1 i.e. order of State Government dated and the Order No. PMS(A)/AEO/7350 dated 06.07.2023 issued by the respondent university and Order No. PMA/CAO/F-30/7376 dated 12.07.2023 passed by the respondent no. 5 (Annexure No. 1 (Colly) to the writ petition).

ii. Issue a writ or writ, order or orders, direction and directions particularly a writ in the nature of mandamus directing the respondent authorities to comply the mandate as provided in the Acts and Statutes of the Govind Ballabh Pant Univrsity of Agriculture and Technology, Pant Nagar, District Udham Singh Nagar particularly under 2(k) of Uttar Pradesh (Krishi Evam Prodoyogik Vishwavidyalaya Adhiniyam), 1958 and thereafter the Order No.-1-32/2006-U-11/U-L dated 31.12.2008 issued under Section 8(F) passed by UGC and order of the State Government dated 20.09.2013 by which the superannuation age of university Professor have been enhanced from 60 years to 65 years and allow the petitioner to continue their teaching as Professor till the age of 65 years. iii. Issue a writ or writ, order or orders, direction and directions particularly a writ in the nature of mandamus directing the respondent authorities to compute the age of superannuation of petitioners at 65 yeas alongwith other retirement benefits viz., Gratuity, leave encashment, pension from treasury etc. from State Government budget.”

2. G.B. Pant University of Agriculture and Technology issued Employment Notice No. 1 of 1991, whereby, applications were invited from eligible persons for appointment to different teaching posts. Petitioners participated in the selection process and on the recommendation of Selection Committee constituted as per clause 4(d) of Chapter XIII of the statutes of the University, they were appointed as Assistant Professor by separate orders issued by Chief Personal Officer of the University on 22.10.1991 and 11.11.1992.

3. It is not in dispute that petitioners were initially appointed against posts in National Agricultural Research Project (NARP), however, pursuant to order dated 01.12.1994, they were given salary from the general budget of the University. Services of the petitioners were confirmed thus they acquired status of permanent employee. Up to the year 2001, all petitioners were promoted as Associate Professors and they were promoted as Professor in the year 2008-09. Petitioner No. 1 was appointed Head of Department (Horticulture) in the year 2011 for one year and he was thereafter assigned duties of the post of Joint Director Extension (Horticulture) which he held for three years. Similarly, other petitioners were assigned various administrative positions in the University from time to time.

4. Petitioners are aggrieved by Government Order dated 04.07.2023 and the consequential order dated 12.07.2023 issued by Chief Personal Officer of the University. By these orders, the benefit of increased age of superannuation has been withdrawn from them by holding that they are not the Teachers of the University. Age of superannuation of Teachers was increased from 60 years to 65 years vide Government Order dated 20.09.2013, and benefit of said decision was given to petitioners.

5. A counter affidavit has been filed by Dr. M.S. Negi, Additional Chief Personal Officer on behalf of the University, in which it is admitted that all the petitioners were appointed as Assistant Professors in National Agricultural Research Project (NARP); NARP was a five year project of the World Bank and as per the tripartite agreement entered into between G.B. Pant University of Agriculture and Technology, Indian Council of Agricultural Research and Government of Uttar Prades