U S UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) DR. U. S. Upadhyay has filed this writ petition under Article 226 of the Constitution of India with the prayer that a writ in the nature of certiorari may be issued quashing the impugned order, dated 11-11- 1994 passed by the Principal, Madan Mohan Malviya Engineering College, Gorakhpur whereby the petitioner has been directed to superannuate on 30-11-94. The further prayer in this writ petition is that a writ in the nature of mamus be issued coming the respondents not to retire the peti tioner on 30th November, 1994 permit him to continue in service till 30th June, 1995.

(2.) WHEN this writ petition was filed on 22-11-1994, the opposite parties were granted time to file counter affidavit which has been filed. A rejoinder affidavit has also been filed by the petitioner. As suggested by both the' parties, this writ petition is disposed of at the admission stage.

(3.) DR. U. S. Upadhyay is admittedly a Lecturer in Mathematics in the Applied Sciences Department of Madan Mohan Malviya Engineering College, Gorakhpur, for short the College hereinafter. This college is affiliated to the University of Gorakhpur, for short the University hereinafter. It is also not in dispute that the petitioner has during the pendency of this petition com pleted the age of 60 years on 30-11-94.