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2024 Supreme(Online)(CAT) 17083

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. D.S. Mahra, Mr. Prasant Kumar, JJ
Arifa Bushra – Appellant
Versus
University of Kashmir – Respondent


Advocates:
For the Appellants/Petitioners:Mr. R.A.Jan, Sr. Advocate, Mr. Wahid Lone
For the Respondents: Mr. Asif Maqbool, Mr. Shahbaz Sikandar

Table of Content
1. challenges the premature retirement based on enhanced superannuation age. (Para 1 , 2 , 3)
2. details the applicant's qualifications and prior benefits. (Para 4 , 5 , 6 , 7)
3. respondents argue against the applicant's claim focusing on performance. (Para 8 , 9 , 10)
4. court deliberates on the binding nature of ugc regulations. (Para 11 , 12 , 13)
5. clarifies the executive discretion of universities on retirement policies. (Para 14 , 15 , 16)
6. final decision dismissing the application as devoid of merit. (Para 17 , 22)

ORDER

Prasant Kumar, Member (Admn.):-

Through the instant Original Application No. 631 of 2024 the applicant has challenged the University of Kashmir Order No. F(Ret. Prof. Arifa Bushra)-Adm- TW/KU-24, dated Sept 30, 2024, as according to the applicant, she has been retired prematurely from service as Professor and Head of Department, Department of Urdu and Dean, School of Arts, Languages and Literature, University of Kashmir, in flagrant violation of Circular No. CIR-(AGE-ENH-COMMT)-ADM-TW-KU/23 dated 6.7.2023 enhancing the age of superannuation of the Professor of the University from 62 to 65 years and in contumacious disregard of the order of this

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