Dr. Ashok Shukla vs State Of U.P. Thru. Its Prin. Secy. ...
2022 Latest Caselaw 5521 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- WRIT - A No. - 3723 of 2022
 
Petitioner :- Dr. Ashok Shukla
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Higher Edu. Lko. And 2 Others
 
Counsel for Petitioner :- Dilip Mani
 
Counsel for Respondent :- C.S.C.,Jogendra Nath Verma
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned Additional C.S.C. for respondents no. 1 as well as Shri Jogendra Nath Verma, learned counsel for respondent no. 2.

By this petition, the petitioner has prayed for a mandamus directing the respondents to permit the petitioner to continue to work up to 65 years of age in the institution of respondent no. 2.

Learned counsel for the petitioner submits that the petitioner presently is working on the post of Professor in the Institution of respondent no. 2. The date of superannuation of the petitioner is 30.06.2022.

It is not in dispute at bar that the issue involved in the case has already been adjudicated in Writ-A No. 3950/2022 "Devendra Narain Mishra Vs. State of U.P. and three others" and a Coordinate Bench of this Court has allowed the writ petition vide order dated 19.04.2022.

It is further submitted that following the judgment of "Devendra Narain Mishra Vs. State of U.P. and three others", an interim order has been passed on 15.06.2022 in Writ-A No. 3803/2022 and accordingly, it is prayed that the instant petition may be connected with Writ-A No. 3803/2022.

Let notice be issued to respondent 3.

The respondents may file counter affidavit within four weeks.

Rejoinder, if any, may be filed within two weeks thereafter.

On due consideration to the argument advanced by the petitioner's counsel and perusal of the material on record as well as judgment of the coordinate Bench of this Court at Allahabad dated 19.04.2022 (supra), as an interim measure, it is provided that the petitioner shall be allowed to continue on the post of Professor in the Institution of respondent no. 2 till he attain the age of 65 years or till a decision is taken by the State Government regarding the age of superannuation of the teaching staff/professors of the University and its affiliated colleges.

List and connect along with Writ A No. 3803/2022.

Order Date :- 28.6.2022

R.C.