LAWS(ALL)-2022-12-110

PREM CHANDRA MISHRA Vs. STATE OF U. P.

Decided On December 19, 2022
PREM CHANDRA MISHRA Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) These bunch of writ petitions involve common questions of law and fact. It is the case of the petitioners that they were entitled to be allowed to continue their services as teachers in the university concerned till the age of 65 years and relies on three identical orders passed by a coordinate bench of this Court in similar situation in the following cases:

(2.) All the petitioners have common ground, that in all these cases, it was directed to the state Government to incorporate the necessary amendments in the respective university statues, so as to raise/increase the age of superannuation from the existing 62 years to 65 years. Since, common ground is engaging the attention of this court in all these bunch of writ petitions, these petitions are being disposed of by a common order and for the sake of convenience, the facts of leading petition being Writ-A No. 4440 of 2022 (Dr. Prem Chandra Mishra V/s State of U.P and Others ) is being considered for disposal of these writ petition. The petitioner, in the said writ petition claims to have been working as a Professor (Psychology) in the University of Lucknow, wherein he superannuated on attaining the age of 62 years on 8/7/2020. However, since the petitioner was extended the session benefit, he actually retired on 30/6/2021. Thus, the petitioner has filed the present writ petition for the following relief:

(3.) This court finds that similar prayers have been made by the other writ petitioners in their respective petition. Counter have been invited by this court, wherein although counter has been filed in the lead matter, the same is not the fate of other connected matters. This court does not wish to deal with the pleadings of each and every writ petition separately as the court is deciding the common issue raised by the writ petitioner in these bunch of petition. It is made clear that only the counter filed in the lead matter Prem Chandra Mishra case is being dealt with this court and any pleadings not commensurate and not in conformity to the pleadings of the lead matter stands rejected /allowed as per the findings arrived by this court hereinafter.