Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 375

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, Pankaj Purohit, JJ.
Dr. Vinod Kumar. - Petitioner
Versus
Secretary, Department of Agriculture and Farmers Welfare, Government of Uttarakhand, Dehradun & others - Respondents
Writ Petition (S/B) No. 350 of 2023, With Writ Petition (S/B) No. 321 of 2023 Writ Petition (S/B) No. 345 of 2023 Writ Petition (S/B) No. 351 of 2023 Writ Petition (S/B) No. 352 of 2023 Writ Petition (S/B) No. 353 of 2023
Decided On : 14-03-2024

Advocates:
Advocate Appeared:
For the Petitioner:Mr. C.D. Bahuguna, Senior Advocate, assisted by Mr. Ravindra S. Rawat, Advocate with Mr. Anup Kumar Verma, Advocate.
For the Respondent:Mr. S.N. Babulkar, learned Advocate General, Mr. Amarendra Pratap Singh, Additional Advocate General and Mr. C.S. Rawat, Chief Standing Counsel and Mr. S.S. Lingwal, Advocate.

IMPORTANT POINT
The court established that a Senior Research Officer is classified as a Teacher under the university's statutes, entitled to benefits of extended service age.

Headnote:
Teacher - Employment Status - U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958 - The court interpreted the definition of 'Teacher' under Section 2(k) of the Act, affirming that the petitioner, as a Senior Research Officer, qualified as a Teacher entitled to extended service benefits, leading to the quashing of the retirement order.
Fact of the Case:
The petitioner, a Senior Research Officer at a university, challenged his retirement order based on a state directive that non-teaching staff must retire at 60, arguing he was a Teacher entitled to serve until 65 under university statutes.
Finding of the Court:
The court found that the petitioner was recognized as a Teacher under the university's statutes and the relevant state legislation, thus entitled to the benefits of extended service age, and that the state government overstepped its authority in declaring him a non-teacher.
Issues: Whether the petitioner qualifies as a 'Teacher' under the U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958, and if the state government had the authority to retire him at 60.
Ratio Decidendi: The definition of 'Teacher' includes those conducting research and teaching, and the university's autonomy in determining employment status was upheld against state interference.
Result: The court quashed the retirement orders and reinstated the petitioner with all benefits.

JUDGMENT :

Manoj Kumar Tiwari, J.

Since common questions of law and fact are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No.350 of 2023 alone are being considered and discussed.

2. Dr. Vinod Kumar (petitioner in Writ Petition (S/B) No.350 of 2023) was appointed in G.B. Pant University of Agriculture & Technology, Pantnagar (hereinafter referred to as ‘the University’) on the post of Senior Statistician/Senior Research Officer, Statistics (General Budget), vide order dated 22.10.2007 issued by Chief Personnel Officer on behalf of Vice-Chancellor. He was given promotion to the post of Professor, Statistics vide order dated 20.04.2015. Age of superannuation of Teachers serving in the University was increased from 60 years to 65 years and he was given benefit of said decision and was permitted to continue in service even after completing 60 years of age.

3. In this writ petition, he has challenged the order dated 04.07.2023 passed by Secretary, Department of Agriculture, Government of Uttarakhand, which provided that employees, other than Teacher, who are continuing in service after completing 60 years of age, shall be retired forthwith. Pursuant to said order, Chief Personnel Officer of the University retired Dr Vinod Kumar w.e.f. 04.07.2023, vide order dated 12.07.2023. He has challenged these two orders in this writ petition. Substantive reliefs claimed in the writ petition are reproduced below:

“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, Department of Mathematics, Statistics & Computer Science 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.”

4. The sole question, which falls for consideration in this writ petition, is whether petitioner is a ‘Teacher’ or not. Anyone, who is a Teacher as per the definition given in the University Act or is recognized as Teacher, in terms of Statutes of the University, is entitled to continue in service upto 65 years; while, age of superannuation of employees other than Teacher, is 60 years. The University was established under a State Legislation known as the U.P. Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958. Section 2(k) of the said Act defines ‘Teacher’ as follows:

“2(k) “Teacher” means a person appointed or recognized by the University for the purpose of imparting instruction or conducting and guiding research or extension programmes and includes a person who may be declared by the statutes of be a teacher; and”

5. Section 4 of the aforesaid Act enumerates the objects of the University, which include making provision for education of the rural people in agriculture, rural industry, business and other allied subjects; furthering the prosecution of research, particularly in agriculture and other allied sciences and undertaking field and extension programmes.

6. Section 6 of the Act enumerates the powers of the University, which inter alia are to make provision for research and for the advancement and dissemination of knowledge and for extension programmes; to institute teaching, research and extension posts required by the University and to appoint persons to such posts; to create administrative, ministerial and other necessary posts and to make appointments thereto.

7. Chapter XII of the Statutes of the University deals with classificat