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Allahabad High Court · body

2016 DIGILAW 945 (ALL)

Kailash Chandra Sharma v. State of U. P. Thru Prin. Secy. Deptt. of Higher Edu. Lko.

2016-03-15

ASHOK PAL SINGH, NARAYAN SHUKLA

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JUDGMENT Heard, learned Counsel for the petitioner, Sri Waseequddin Adhed, learned Counsel for respondent no.-5 as well as learned Standing Counsel. 2. The petitioner has prayed for issuing a writ of Mandamus commanding the opposite parties to allow him to continue in service till the end of academic session i.e. 30.6.2016. As per the provisions of Statute 17.15 as framed by the University, the petitioner had attained the age of superannuation on 15.3.2016. Since the Statute provides that such a teacher would continue till the end of academic session, petitioner has claimed the continuation of his service as such. Paragraph 17.15 of the Statute is extracted below: - "17.15 No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these Statutes. Provided that a teacher- (i) whose date of superannuation does not fall on June 30; or (ii) whose date of birth is July 1 and who having been employed from before the commencement of these Statutes continues to be in service as such on the date of commencement of the Meerut University ( Twenty second Amendment) First Statutes, 1985: shall continue in service till the end of the academic session, that is , June 30 following, and will be treated as on re-employment from the date immediately following his superannuation till June 30, following. Provided further that such physically and mentally fit teachers shall be reappointed for a further period of one year, after June 30 following the date of their superannuation, as were imprisoned for taking part in freedom struggle of 1942 and are getting freedom fighter's pension." 3. According to the provisions of the aforesaid Statute, we are of the view that there is no hurdle in allowing the petitioner to continue in service till the end of academic session i.e. 30.6.2016. Therefore, a direction is issued to the respondents to allow the petitioner to continue in service till 30.6.2016 in terms of the provisions of Statute. With the aforesaid direction, this writ petition is disposed of finally.