Disposed

Dr. Raksha Pal Singh v. State of U.P. and 5 Others

Allahabad HC6 Feb 2025WRIA/1455/2025

Case brief

AI extract

What is this about?

A university scientist was relieved at 60 years of age pursuant to a government order despite earlier High Court judgments allowing service up to 62 years. The court set aside the relief order as it ignored settled legal position and remanded the matter to the Vice Chancellor to pass a fresh order considering existing law.

What did the court decide?

Impugned order dated 22.1.2025 set aside; matter remanded to Vice Chancellor, Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut to pass a fresh order taking note of the existin

Dr. Raksha Pal Singh vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16910

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Court No. - 10

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Case :- WRIT - A No. - 1455 of 2025

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Petitioner :- Dr. Raksha Pal Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gautam Baghel,Sr. Advocate Counsel for Respondent :- C.S.C.,Dinesh Chandra Mishra,Sudhanshu Srivastava

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Gautam Baghel, learned counsel for the petitioner, Sri Dinesh Chandra Mishra on behalf of respondent University and Sri C.P.Awasthi holding brief of Sri Sudhanshu Srivastava on behalf of respondent no.5.

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Impugned order in the present case is as under:

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"वविशशेष अपपील ससंख्यय-75/2022 मम मयननपीय उच्च न्ययययलय, इलयहयबयद दयरय पयररत वनररय वदनयसंक 21.03.2022 कशे समयदर मम उत्तर प्रद श े शयसन दयरय वनररत शयसनयद श ससंख्यय- 237/2022 ककवशअ-67-400(27)87 वदनयसंक 14.06.2022 एविसं भयरतपीय ककवष अननुससंधयन पररषद , नई वदलपी कशे पत्र ससंख्यय F.No. A.Extn.4/18/2019-AE.III(e.52000) वदनयसंक 20.08.2024 दयरय जयरपी वनदरशशों कशे अननुपयलन मम डय० रक्षपयल सससंह , ककवष वविजयन कशेन्द, उझयनपी (बदयययसं) (मयल वनयनुवक्ति भयरतपीय ककवष अननुससंधयन पररषद, नई वदलपी दयरय स्विपीककत पद टटशेवनसंर आररनयइजर) कको 60 विषर ककी असधविषरतय पयरर करनशे कशे फलस्विरूप सक्षम स्तर कशे अननुमकोदनकोपरयन्त वदनयसंक 31.01.2025 कशे अपरयन्ह सशे ककवष वविजयन कशेन्द ककी सशेवियओसं सशे सशेवियवनविकत्त हशोंरशे। यह आद श े सक्षम असधकयरपी कशे अननुमकोदन उपरयन्त जयरपी वकयय जय रहय हहै।"

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Facts of the present case are not under dispute that above referred Government Order dated 14.6.2022 was subject matter of challenge before this Court in Writ-A No.7847 of 2022, (Dr. Mithilesh Kumar Pandey & 3 Ors Vs. State of U.P. Thru. Prin.Secy. Legislative Section 1 Govt of U.P. & 4 Ors, Neutral

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Citation No.2023:AHC-LKO:35421-DB). The writ petition was allowed and petitioners therein were allowed to work upto to the age of 62 years. Said matter was in respect of Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Ayodhya.

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Aforesaid order was subject matter of challenge before the Supreme Court in Special Leave Petition (Civil) Diary No(s).32010 of 2023 which was dismissed vide order dated 2.2.2024. Thereafter, said University filed a Review Application before Division Bench of this Court which was also dismissed vide order dated 7.11.2024 and thereafter both the said orders were challenged before Supreme Court in a fresh Special Leave Petition (Civil) Diary No.54359 of 2024 wherein on 3.2.2025 following order was passed:

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"1) At the request of the learned senior counsel for the petitioner, list the matter on 21st February, 2025.

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In the meantime, the petitioner is at liberty to file an affidavit explaining about the dismissal of the other special leave petitions on the issue."

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Meanwhile, a co-ordinate of this Court has followed the order passed by Division Bench in Writ-A No.19750 of 2022, (Dr. Anil Kumar Katiyar & Anr Vs. State of U.P. & 2 Ors, Neutral Citation No. 2023:AHC:24281).

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Aforesaid order is now under challenge in Special Appeal No.475 of 2024, which is still pending, without any interim order.

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Learned Senior Counsel appearing on behalf of petitioner submits that despite issue has been settled, still impugned order has been passed without taking note of above referred judgments.

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Learned counsel appearing on behalf of University submitted that every University has its own Ordinance and Regulations and matter is still seized with either before Division Bench of this Court or before the Supreme Court. However, he fairly submits that position of law as existing today was not considered in the impugned order.

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In aforesaid circumstances, since in the impugned order, position of law as existing today and above referred judgments was not considered and without taking note of it the impugned order was passed, which could not be justified, therefore, impugned

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order dated 22.1.2025 is set-aside and matter is remanded to Vice Chancellor, Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut, (Respondent no.3) who will pass a fresh order taking note of position of law as existing today so far as issue involved and above referred judgments within a short period.

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This writ petition is disposed of with aforesaid observation/direction.

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Order Date :- 6.2.2025 SB

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Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Dr. Raksha Pal Singh v. State of U.P. and 5 Others

Case brief

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Dr. Raksha Pal Singh v. State of U.P. and 5 Others

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