STATE OF U.P. Vs. JAVED BAHAR

JUDGEMENT

(1.) This bunch of special appeals are filed by the State of Uttar Pradesh as well as Chandra Shekhar Azad University of Agricultural and Technology, Kanpur, challenging the judgment and order dtd. 14/8/2023, passed by learned Single Judge in a batch of writ petitions with leading Writ-A No.10622 of 2022 filed by Dr. Rajendra Prakash Vyas and others.

(2.) The issue before learned Single Judge was as to what would be the age of superannuation of the respondents-petitioners. The respondents-petitioners contended before learned Single Judge that they are to be treated as faculty member of the Agricultural University at Kanpur, against teaching positions, and hence are entitled to continue in service till the age of superannuation i.e. 62 years. The case of the appellants-respondents before learned Single Judge, on the other hand, was that the respondents-petitioners were member of non-teaching staff and were to retire at the age of 60 years under the Statute. Learned Single Judge upon consideration of the cause has held that all the respondents-petitioners are members of teaching faculty and would be entitled to continue in service till they attain the age of superannuation of a teacher i.e. 62 years. All consequential benefits have been allowed to the respondents-petitioners. Thus aggrieved, the appellants-respondents have filed the present bunch of appeals.

(3.) Chandra Shekhar Azad University of Agricultural and Technology, Kanpur (hereinafter referred to as 'Agricultural University at Kanpur') is a university established under the provisions of the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam), 1958 (hereinafter referred to as 'Act of 1958'). Sec. 2(k) of the Act of 1958, as it stood prior to its amendment in 2019, defined 'Teacher' in following words:-