R.N. TIWARI Vs. ALLAHABAD UNIVERSITY, ALLAHABAD

JUDGEMENT

(1.) The petitioner was appointed in Allahabad University as Lecturer on ad hoc basis in July, 1954. Thereafter the petitioner was made permanent Lecturer in Aug., 1958. On 24th May, 1970, the petitioner was made permanent Reader in Geography in Allahabad University. On 1st July, 1982, the petitioner was promoted as Professor in Geography and since then the petitioner has been regularly working as Professor. It may be pertinent to mention that there is only one post of Professor in the Geography Department of the Allahabad University and as such the petitioner being the only Professor has acted as Head of the Department right from the year 1954.

(2.) Before the enforcement of the First Statutes of the Allahabad University the age of superannuation of a teacher was 62 years. However, after commencement of new Statutes i.e. First Statutes of Allahabad University the age of superannuation of all the teachers is 60 years (for those opting the new pay scale like the petitioner). However, the relevant Statutes of the Allahabad University provides that in case a person is superannuated during mid-session then he is to continue till 30th June, next, so that the students do not suffer any loss on account of sudden break of service of the teacher concerned.

(3.) It may be pertoinent to note that before coming into force of the First Statutes there were two Government Orders in force on this subject i.e. the order dated 7th Sept. 1976 and 26th Oct. 1976 whereby it was provided that during this period of extended tenure which is called as re-employment the teacher concerned would not be entitled to be a Member of any academic body of the university in order of seniority and he would also be ineligible to hold any office of the Allahabad University in order of seniority. According to the petitioner there was certain representation made in this connection and the State Government after realising the anomaly in the earlier Government Order issued another Government Order dated 21st March, 1984 and in the said Government Order it was expressly stated that in respect of those departments where there is only one post of Professor, in respect of period of re- employment during the session, the same Professor would continue to work as Head of the Department uptil 30th June next. It may be pertinent to mention that the same Government Order dated 21st March, 1984 was considered by the Executive Council, Allahabad University on 17th May, 1984 and the Executive Council resolved to implement the aforesaid decision of the State Government.