IMPORTANT POINT
The definition of 'Teacher' under the U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958, encompasses roles involved in research and extension, qualifying the petitioner for retirement benefits.

JUDGMENT :

Since common questions of facts and law are involved in these writ petitions, therefore, these are being heard and decided together by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No. 327 of 2023 alone are being considered and discussed. Petitioner Dr. Raj Kumar Singh has sought the following reliefs :

“I. Issue a writ, order or direction in the nature of Certiorari, summoning the records from G.B. Pant University, Pantnagar, and quashing the impugned orders 04.07.2023 and 12.07.2023, issued by respondent nos. 1 & 2, contained in Annexure-1 & 2 to this petition.

II. Issue a writ, order or direction in the nature of Mandamus commanding the respondent nos. 1 to 6 not to remove the petitioner from the post of Professor and HOD, department of Agrometeorology pursuant to the impugned orders contained in Annexure-1 & 2 to this petition.

III. Issue a writ, order or direction in the nature of Mandamus commanding the respondent nos. 1 to 6 not to deprive the petitioner of any service benefits pursuant to the impugned orders, contained in Annexure-1 & 2 to this petition.”

2. It is not in dispute that petitioner was appointed on the post of Junior Research Officer (Agronomy) vide order dated 20.11.1992 in the Department of Agrometeorology in G.B. Pant University of Agriculture and Technology, Patnagar (for short, ‘University’). The said appointment was made after selection, which was held pursuant to an employment notice no. 1 of 1991. In the said advertisement, the post of Junior Research Officer has been shown as equivalent to the post of Assistant Professor and both these posts were placed in the same pay scale i.e. Rs.2200-4000. It is also not in dispute that petitioner was appointed with the approval of Board of Management of the University. Learned Counsel for the University concedes that petitioner was selected by a Selection Committee constituted as per Clause 4(d) of Chapter XIII of the Statute of the University, which is extracted below :

“4(d) The Selection Committee for the appointment of a Professor, Associate Professor, Assistant Professor or teacher shall consist of;

(i) The Kulpati who shall be the Chairman thereof;

(ii) The Dean of the Faculty concerned;

(iii) One Head of the Department to be nominated by the Kulpati;

(iv) Two experts to be nominated by the Kuladhipati;

** Provided that if the Kulpati (Vice-Chancellor) is, for any reason, not available to participate in any meeting of the Selection Committee constituted under clause (d), then in the case of Assoc. Professors, Assitt. Professors and equivalent posts, he may, by general or special orders, require the Prati-Kulpati (Pro-Vice-Chancellor) or the Dean of the Faculty concerned to preside over the Selection Committee and perform functions of the Chairman.”

3. It is not in dispute that a person can be appointed to a teaching post in the University only after selection by the Selection Committee constituted under Clause 4(d) of Chapter XIII of the Statute. Since petitioner was appointed after selection in terms of Clause 4(d), therefore, it can be safely inferred that the University recognized the post in question as a teaching post.

4. According to the petitioner, as Junior Research Officer, his primary duty is to conduct and guide research, which, according to petitioner, brings him within the ambit of the expression ‘Teacher’, as defined in Section 2(k) of U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958. Mr. C.D. Bahuguna, learned Senior Counsel appearing for the petitioner, submitted that the University, which is petitioner’s employer, admits that petitioner is not only guiding and conducting research but is also engaged in extension programmes, which is one of the objects of the University as per Section 4(c) of the Act.

5. From perusal of the record, it is revealed that petitioner was promoted as Senior Research Officer in the Department of Agrometeorology in the pay scale of Rs.12,000-18,300 vide order dated 1