K K GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By our short order dated 23rd March, 1993 we dismissed this writ petition and reserved reasons. We now proceed to give the reasons.

(2.) The dispute in the petition pertains to the age of superannuation of teachers working in State Medical Colleges. On 26th December, 1992 the State Government issued order mentioning therein that the Petitioner, whose date of birth was 25-2-1935 and who would attain the age of 58 years on 24-2-1993, would retire from service on 28th February, 1993. Aggrieved by this order, the Petitioner approached this Court asserting that his age of retirement should not be governed by Fundamental Rule 56 and should be 60 years as is the age of retirement prescribed for teachers In Medical Colleges ran by Universities.

(3.) The controversy raised in the present petition was raised before this Court in several petitions, leading petition being Civil Misc. Writ No. 12222 of 1990 Dr. V.K. Agarwal v. Stare of U.P. decided on 24th February, 1992. This Petition was dismissed and the applicability of Fundamental Rule 56 to the teachers in State owned Medical Colleges was upheld. The learned Counsel for the present Petitioner, however relies upon certain observations made in Dr. v. K Agarwal's case for asserting that in the change situation, the Petitioner is entitled to relief.