RANVIR SINGH Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) BY this writ petition, Dr. Ranvir Singh, petitioner seeks a writ in the nature of Mandamus against respond­ent No. 2-Vice Chancellor, G. B. Pant University of Agriculture and Tech­nology, District Udham Singh Nagar to continue the petitioner as Dean, College of Agriculture till he com­pletes 5 years from the date of his joining the post of Dean or till the age of 62 years, whichever is earlier. 2.

(2.) FACTS On 13th November 2001 peti­tioner was appointed as a Dean by respondent No. 2 in the pay scale of Rs. 16,400 - 22,400 plus allowances. The order was passed by respondent No. 2. In terms of the said order, pe­titioner was informed that he is ap­pointed as a Dean for 5 years from the date of joining or till the age of his retirement, whichever is earlier. Petitioner was born on 9th October 1943. According to the Statutes framed under U.P. Krishi Evam Prodyogik Vishwa Vidyalaya Adhiniyam, 1958 the age of retire­ment of a Teacher is 58 years or 60 years in accordance with option ex­ercised by him. The petitioner opted to retire at the age of 60. According to this option, he attained the age of 60 on 31st October 2003. Under Para 6(iv) of Chapter XXV of the Statute of the University, if the date of super­annuation of a teacher does not fall on June 30, the teacher shall con­tinue in service till the end of aca­demic session that is June 30 follow­ing and will be treated on reemploy­ment from the date of superannuation till June 30 following. The object of para 6 (iv) is to protect the stu­dents, whose studies should not be interrupted during the academic year. In terms of para 6(iv), petitioner was re-deployed as a teacher. He was asked to hand-over the charge of the Dean to Dr. Basudev Singh on 31st October 2003. Petitioner was rede­ployed as a teacher up to 30th June 2004.

(3.) FINDINGS We do not find any merit in this writ petition. The object of paragraph 6(iv) of Chapter XXV of the Statutes of the University is not to disrupt the education of the students. With that object in mind, para 6(iv) of Chap­ter XXV provides that if the date of superannuation of a teacher does not fall on June 30 (i.e. at the end of the academic year), then the teacher shall be re-deployed from the date of superannuation till June 30, follow­ing. In the present case, petitioner was appointed as a Dean on 13th November 2001. In the letter of ap­pointment, he was told that his term of appointment will be for 5 years from the date of joining or till the date of his retirement, whichever is earlier. On 31st October 2003, peti­tioner retired at the age of 60. He was re-deployed as a teacher till 30th June 2004. On his retirement as a Dean, he was re-deployed as a Teacher so that the student's study is not disrupted. In fact he is conduct­ing research after 31st October 2003. The recommendation of the Board of Management on question of rede­ployment is pending before the Chan­cellor till date. It has not been ap­proved. Therefore, the recommenda­tion of the Board cannot be given effect to by us in this writ petition. The recommendations of the Central Government regarding increase in age of retirement would require amendment of the Statutes. Till date there is no change in the Act, 1958 or in the Statutes increasing the age of retirement to 62 years. Therefore, there is no merit in the argument advanced on behalf of the petitioner that the petitioner should be contin­ued up to 62 years. Lastly, in this case, we are concerned with Rule 6(iv) of Chapter XXV of the Statutes framed under the said Act 1958. Rule 6 deals with age of retirement. Chap­ter XXV deals with qualifications, emoluments and conditions of serv­ice of teacher. Chapter XXV deals with emoluments of Professors, Asso­ciate Professors, Assistant Professors etc. Chapter XXV does not deal with conditions of service of a Dean. On the other hand, Chapter VII of the Statute deals with the powers and functions of the Dean. Under Chap­ter VII the Dean is the Chief Execu­tive Officer of the Faculty responsible to the Vice Chancellor for its admin­istration. The Dean is responsible for organization and conduct of teach­ing, research and extension works.