Research › Search › Judgment

Allahabad High Court · body

2002 DIGILAW 389 (ALL)

SURENDRA NATH SINGH v. DEEN DAYAL UPADHYAY GORAKHPUR UNIVERSITY AND ANR.

2002-03-14

M.KATJU, RAKESH TIWARI

body2002
M. KATJU AND RAKESH TIWARI, JJ. ( 1 ) HEARD Sri Ashok Khare learned senior counsel for the petitioner and Sri Dilip Gupta for the respondent-University. ( 2 ) THE petitioner is a practicing lawyer in the Civil Court, Gorakhpur and he was also appointed as a lecturer on purely ad hoc basis in the Gorakhpur University for a period of 6 months by order dated 5. 4. 1989. Annexure-1 to the writ petition, on the fixed emolument of Rs. 11. 000 per month. This amount was subsequently Increased to Rs. 15,000 per month. ( 3 ) UNDER Statute 16. 24 of the Gorakhpur University, the retirement age of a teacher of the university is 60 years. Statute 16. 24 states as follows : "16. 24. (1) Subject to the provisions of Statutes 16. 25 and 16. 26, the age of superannuation of a teacher of the University governed by the new scale of pay shall be sixty years. (2) The age of superannuation of a teacher of the University not governed by the new scale of pay shall, subject to Statute 16. 25, be sixty years. (3) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these Statutes. ( 4 ) THUS, whether the teacher of the University is governed by the new scale of pay or not, his retirement age shall be 60 years. ( 5 ) A teacher is defined under the U. P. State Universities Act. 1973, as follows : "2. (19) "teacher of University" means a teacher employed by the University for imparting instruction and guiding or conducting research either in the University or in an Institute or in a constituent college maintained by the University. " ( 6 ) THE above definition in the Act does not make any distinction between a full time or part time teacher. Hence, we do not agree with the contention of the petitioner that a part time teacher is entitled to continue beyond the age of retirement of 60 years. It will be strange to say that while a full time teacher will be retired at the age of 60 years, a part time teacher will continue as long as he lives. Hence, we do not agree with the contention of the petitioner that a part time teacher is entitled to continue beyond the age of retirement of 60 years. It will be strange to say that while a full time teacher will be retired at the age of 60 years, a part time teacher will continue as long as he lives. ( 7 ) IN our opinion, after crossing the age of 60 years, a part time teacher can be continued only on contract basis, if there is no staff and if proper teacher is not selected. This cannot give any right to the appointee to continue on the post after 60 years. Learned counsel for the petitioner submitted that many part time teachers have been continuing even after 60 years. In our opinion, this was only on contract basis and such a teacher has no right to continue after the age of 60 years. Only short time contract can be given after the age of 60 years without having any right to the post and such contract appointment may be terminated at any time. ( 8 ) WITH these observations, the writ petition is dismissed. ( 9 ) LET a copy of this judgment be sent to the State Government and the Chancellor of the university for necessary action by the Registrar General of this Court. .