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SUJOY PAUL
Virendra Kumar Gupta, S/o. Dr. R. S. Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Sujoy Paul, J.
With the consent, finally heard.
2. The petitioner has prayed for setting aside the order dated 20-12-2022 (Annexure P/1) whereby the University decided to retire him on attaining the age of 62 years on 31-10-2023.
3. Shri Dharmendra Soni, learned counsel for the petitioner fairly submits that petitioner’s substantive post is Assistant Engineer in the respondent University. On 23-7-2019, the Registrar on the strength of decision of Academic Council passed the order dated 23-7-2019 (Annexure P/5) and decided to take teaching work from the petitioner. Thus, in the teeth of section 2(l) of the Mahatma Gandhi Chitrakoot Gramodaya Vishwavidhyalaya Adhiniyam , 1991, petitioner for all purposes should be treated to be involved in imparting instructions and therefore, his age of superannuation should be equivalent to that of Teachers, i.e. 65 years. The respondents have committed an error in ignoring their own memorandum dated 23-7-2019 (Annexure P/5). Thus, it is prayed that petitioner is entitled to continue in employment till attaining the age of 65 years.
4. Shri Paritosh Gupta, learned counsel for the University submits that the documents annexed with the return sh
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 court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
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 ....
Age of retirement – Teachers of affiliated Institute cannot have their age of retirement more than that of teachers of affiliating University
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
The definition of 'Teacher' under the U.P. Act includes those recognized as such, entitling them to superannuation benefits.
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