Dr. Ashok Kumar Singh vs State of U.P. Thru. Prin. Secy. Legislative Section-I Lko. and 3 Others

"(i) Issue a writ, order or direction in the nature of certiorari quashing the Govt. Order dated 10.11.2022 issued by Deputy Secretary, Uttar Pradesh Shashan and the order dated 10.11.2022 passed by Director of Administration and Monitoring in respect it's applicability to the petitioner, contained as Annexure No.1 & 2, to the writ petition.

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(ii) Issue a writ, order or direction in the nature of certiorari quashing the Govt. Order dated 14.6.2022 (Annexure No.3) passed and issued by Addl. Chief Secretary, Uttar Pradesh Shashan as well as Govt. letter dated 29.7.2022 (Annexure No.4) issued by the Special Secretary, Uttar Pradesh Shashan, to the extent of its applicability to the petitioner."

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6. Learned counsel for the petitioner submits that initially the petitioner was appointed on the post of Assistant Professor (Agriculture Economics) under the scheme of National Agriculture Research Project run by the University and

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financed by the Indian Council of Agricultural Research and after completion of aforesaid scheme, petitioner was regularized in the University as Assistant Professor (Agriculture Economics) vide order dated 18.8.2007 passed by the Vice Chancellor and he was performing his duties on the said post. He further submits that State Government has enhanced the age of retirement of faculty members of the University as 62 years in place of 60 years. He also submits that Dr. Devesh Chaturvedi, Additional Chief Secretary, Govt. of U.P. vide letter dated 14.6.2022 addressed to Vice Chancellor, Agricultural and Technical University, Kanpur/Ayodhya/Meerut/Banda stated that except the persons appointed as Assistant Professor under Section 2(k) Chapter XII read with Section 28(d) and Section 4(d) of Chapter XIII of the provisions of U.P. Agricultural and Technical University Act, 1958, no benefit of extension of age would be given to the person, who has been appointed by way of any other process as Senior Research Associate, Research Associate, Junior Research Associate, Senior Technical Assistant, Technical Assistant, Krishi Vigyan Kendra and I.C.A.R.

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6.1. Submission of learned counsel for the petitioner is that a letter dated 29.7.2022 was issued by Mr. Shatrunjay Kumar Singh, Special Secretary, Govt. of U.P. to Vice Chancellor, Agricultural and Technical University, Kanpur/Ayodhya/Meerut for ensuring the compliance of earlier order dated 14.6.2022, after that, Mr. A.K. Singh, Director (Administration and Monitoring) also issued a letter dated 10.11.2022 addressed to all Head of Departments/Directors in the University for ensuring the compliance of letter dated 14.6.2022 issued by the State Government. He also submits that a letter was also issued by Mr. Ashok Kumar Singh, Under Secretary, Govt. of U.P. addressed to the Vice Chancellor, Agricultural and Technical University, Kanpur/Ayodhya/Meerut dated 10.11.2022 for compliance of letter dated 14.6.2022 issued by the State Government.

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6.2. Learned counsel for the petitioner submits that Director (Administration and Monitoring) wrote a letter dated 24.1.2026 to Director, Research stating therein that petitioner who is Assistant Professor is attaining the age of 60 years of age on 31.3.2026, therefore, in pursuance of aforesaid correspondence, petitioner is being forced to retire at the age of 60 years, which is contrary to the scheme. He also submits that aforesaid letters are not applicable in the case of the petitioner as admittedly the petitioner is working as Assistant Professor in the University concerned, therefore, he is entitled to

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work upto the age of 62 years. He lastly submits that in the case of similarly situated persons, interim protection has already been granted, therefore, petitioner is also entitled for interim protection.

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7. Sri Prashant Kumar Singh, learned Additional Chief Standing Counsel prays for and is granted two days time to seek instructions in the matter. 8. List this case on 28.3.2026.

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9. In the meantime, Additional Chief Secretary, Department of Agricultural Education and Research, Govt. of U.P. shall place written instructions before this Court on the next date explaining the fact that under what circumstances a person who is working as Assistant Professor is being retired at the age of 60 years.

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10. Senior Registrar of this Court is directed to communicate this order to the Additional Chief Secretary, Department of Agricultural Education and Research, Govt. of U.P., forthwith."

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In pursuance of the aforesaid order, Sri P.K. Singh, learned Additional Chief Standing Counsel has placed written instructions dated 26.03.2026 duly signed by Mr. Ravindra, Principal Secretary, Department of Agriculture, Education & Research, Government of U.P., which are taken on record.

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Learned Additional Chief Standing Counsel, on the basis of instructions, submits that initially, the petitioner was engaged in a project, then after completion of the said project, he was regularized in another scheme, in which, as per the policy, age of retirement is 60 years, hence, he cannot be allowed to work upto 60 years as he is not a faculty member.

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Sri Prashant Singh, learned counsel for the University submits that teaching work was not assigned to the petitioner.

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In response to the same, learned counsel for the petitioner submits that after completion of first scheme, the petitioner was regularized as Assistant Professor, Agriculture Economics and work of teaching was assigned to him from the date of appointment.

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List this case on 31.03.2026 within top 10 cases at 11:30 A.M.

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In the meantime, learned counsel for the University shall place written instructions duly signed by the Director, Administration and Monitoring explaining therein that whether the petitioner is taking class of Agriculture Economics or not.

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March 28, 2026

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Arpan

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(Rajeev Singh,J.)

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

Dr. Ashok Kumar Singh v. State of U.P. Thru. Prin. Secy. Legislative Section-I Lko. and 3 Others

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Dr. Ashok Kumar Singh v. State of U.P. Thru. Prin. Secy. Legislative Section-I Lko. and 3 Others

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