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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, ALOK MAHRA
Nagendra Prasad Sharma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned order dated 28.05.2024 passed by respondent no.3, whereby the date of superannuation of the petitioner has been fixed as 31.01.2025. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to grant the benefit of re-employment till the end of the academic session, i.e., 30.06.2025, in terms of paragraph 16.24 of the First Statute of Kumaun University.
2. Brief facts, as borne out from the record, are that the petitioner is presently working as Assistant Professor, Physical Education Department/Sports Officer, Kumaun University, Nainital. The date of birth of the petitioner is 01.02.1960, and he was shown to be superannuating on 31.01.2025 on attaining the age of 65 years. The petitioner was initially appointed as a Coach in the Physical Education Department in the year 1990. Subsequently, in the year 1998, he was appointed as Deputy Sports Officer/Deputy Sports Secretary. Thereafter, on 20.07.2008, after undergoing a regular selection process,
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.
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.
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
Temporary instructional roles do not qualify for extended retirement age; petitioner entitled to standard age of superannuation of 62 years based on his substantive role as Assistant Engineer.
The age of superannuation for university staff is determined by the institution's regulations, which must be consciously adopted, not automatically applied from UGC guidelines.
The central legal point established in the judgment is that the age of superannuation for Principals and the requirement of a Ph.D. degree for continuation beyond the age of 62, as mandated by the UG....
The main legal point established is that the superannuation age for a petitioner holding a teaching position should be determined in accordance with the applicable notification and regulations, with ....
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