Disposed

Dr. Umesh Dutt Awasthi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Edu. Research Lko and 3 Others

Allahabad HC1 Apr 2024WRIA/2504/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition allowing relief to the petitioner by following the ratio of a prior judgment (WRIT - A No. 10622 of 2022) regarding university staff retirement age and reinstatement, clarifying that the State must honor that decision while pending Supreme Court appeals.

What did the court decide?

The petition was disposed of following the ratio of Dr. Rajendra Prakash Vyas case; State directed to ignore impugned order of 25.08.2023.

Dr. Umesh Dutt Awasthi vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 20

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Case :- WRIT - A No. - 2504 of 2024

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Petitioner :- Dr. Umesh Dutt Awasthi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agriculture Edu. Research Lko And 3 Others Counsel for Petitioner :- Vinod Kumar Mishra,Himanshu Kamboj Counsel for Respondent :- C.S.C.,Uttam Kumar Verma

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioner, Sri Ranvijay Singh, learned counsel for opposite party nos. 2, 3 and 4 and Sri Pradeep Kumar Singh, learned counsel for the State.

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A challenge is made to the order dated 25.08.2023 on the ground that the statute of the University clearly provides the age of superannuation of Teachers/Scientists of the University as 62 years but ignoring the same, the order dated 25.08.2023 has been passed though in the identically situated employees, the controversy has been settled.

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In pursuance of directions issued earlier, learned counsel for the parties admit that the present dispute is covered with the ratio of the judgment and order dated 14.08.2023 passed in WRIT - A No. - 10622 of 2022, Dr. Rajendra Prakash Vyas & others v. State of U.P. and others and the other connected matters , whereby the petitions stood allowed in the following terms:-

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"39. In view of the above and the stand taken by the State in its order dated 04.01.2008, resolution of Board of Management of the University dated 25.02.2002, consequential order of Vice Chancellor and order dated 23.03.2002 (corrected vide order dated 27.09.2023 and of the State Government dated 20.10.2005, all these petitions succeed and are allowed. The impugned orders dated 8.7.2022 retiring the petitioners upon their attaining the age of 60 years are hereby set aside in respect of each of the petitioners.

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40. All petitioners are to be treated as faculty members of the University against teaching positions and hence are held entitled to all service benefits including age of retirement as admissible to teachers of the University.

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41. The petitioners are directed to be reinstated in service with all consequential benefits and shall be permitted to continue until their attaining age of 62 years."

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It is undisputed that Special Appeal No.734 of 2023 filed

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against the aforesaid judgment, has also been dismissed vide judgment and order dated 15.02.2024.

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Learned counsel for opposite parties however submits that Special Leave Petition has been filed against the aforesaid judgments which have yet not been taken up, for consideration.

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In view of aforesaid, the petition is disposed of finally in terms of judgment and order rendered in Dr. Rajendra Prakash Vyas (supra) , as the benefit of which shall also be available to the present petitioners.

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It is clarified that the decision shall be taken by the opposite parties ignoring the impugned order dated 25.08.2023.

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Order Date :- 1.4.2024 Anurag, PS Gr-I

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dr. Umesh Dutt Awasthi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Edu. Research Lko and 3 Others

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Dr. Umesh Dutt Awasthi v. State of U.P. Thru. Addl. Chief Secy. Agriculture Edu. Research Lko and 3 Others

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