NAGENDRA PRASAD SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned order dtd. 28/5/2024 passed by respondent no.3, whereby the date of superannuation of the petitioner has been fixed as 31/1/2025. A further prayer has been made for issuance of a writ in the nature of mandamus directing the respondents to grant the benefit of re-employment till the end of the academic session, i.e., 30/6/2025, in terms of paragraph 16.24 of the First Statute of Kumaun University.

(2.) Brief facts, as borne out from the record, are that the petitioner is presently working as Assistant Professor, Physical Education Department/Sports Officer, Kumaun University, Nainital. The date of birth of the petitioner is 1/2/1960, and he was shown to be superannuating on 31/1/2025 on attaining the age of 65 years. The petitioner was initially appointed as a Coach in the Physical Education Department in the year 1990. Subsequently, in the year 1998, he was appointed as Deputy Sports Officer/Deputy Sports Secretary. Thereafter, on 20/7/2008, after undergoing a regular selection process, the petitioner was appointed as Assistant Professor, Physical Education Department, Kumaun University, on a substantive basis. The grievance of the petitioner arises from the impugned order dtd. 28/5/2024, passed by respondent no.3, whereby the petitioner has been directed to retire on 31/1/2025, without granting him the benefit of continuation till the end of the academic session, as provided under paragraph 16.24 of the First Statute of Kumaun University.

(3.) Learned counsel for the petitioner would submit that the petitioner attained the age of 65 years on 31/1/2025, and since his date of superannuation does not fall on 30th June, he is statutorily entitled to continue till the end of the academic session, i.e., 30/6/2025, and such continuation is to be treated as re-employment; that, the petitioner is a teacher involved in classroom teaching, which is also evident from the letter dtd. 7/12/2024 issued by the Head of the Department, Physical Education, recommending the petitioner for re-employment; that, respondent no.3 has failed to consider Sec. 49 of the Uttar Pradesh State Universities Act read with paragraph 16.24 of the First Statute of Kumaun University, rendering the impugned order illegal and unsustainable. Reliance has been placed upon the judgment of the Hon'ble Supreme Court in Naveen Chand Dhaundiyal vs. State of Uttarakhand, (2023) 12 SCC 463, wherein it has been held that teachers retiring mid-academic session are entitled to continue till the end of the academic year.