Uttarakhand High Court
WPSB/487/2021 on 25 October, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK
WRIT PETITION (S/B) NO. 487 OF 2021
25th OCTOBER, 2021
Between:
Yashwant Singh Rawat ...... Petitioner
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Vikas Bahuguna, learned
counsel
Counsel for respondent No. 1 : Mr. K.N. Joshi, learned Deputy
Advocate General with Mr.
B.P.S. Mer, learned Brief Holder
Counsel for respondent Nos. 2&3 : Mr. B.D. Upadhyaya, learned
Senior Counsel assisted by Ms.
Mamta Bisht, learned counsel
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
With the consent of both the learned counsel
for the parties, this case is being decided at the stage of
fresh admission itself.
2. Both the learned counsel are ad idem that the
controversy raised in the present petition is squarely
covered by the judgment of the Hon'ble Supreme Court
in the case of Navin Chandra Dhoundiyal Vs State of
2
Uttarakhand and others, passed in Civil Appeal No.
3493 of 2020 (arising out of SLP (C) No. 10493 of
2020).
3. The issue raised in the present petition is with
regard to the impugned order dated 22.02.2021,
whereby the petitioner has been informed by the
Kumaun University, respondent No. 3, that he shall
retire from the post of Professor, Department of Botany,
on 31.12.2021.
4. According to Section 49 of the U.P. State
University's Act, 1973, and Para 16.24 of the First
Statute of the University, in case a member of the
teaching staff were to retire in the middle of academic
year, his services are continued till the end of the
academic year.
5. Despite the fact that the petitioner is supposed
to retire on 31.12.2021, under the provisions of the Law,
his service need to be continued, as re-employed, till the
end of the academic year.
6. The issue, whether the services of a person
belonging to the teaching staff should be continued till
the end of the academic year or not, has been decided
by the Hon'ble Supreme Court in Navin Chandra
3
Dhoundiyal's case. The Hon'ble Supreme Court in the
said case has clearly observed that, indeed, a person
belonging to the teaching staff would have to be
continued as re-employed till the end of the academic
year, if he were to retire in the middle of the academic
year.
7. Therefore, the present writ petition is decided
in the same terms. The order dated 22.02.2021, qua
the petitioner, is set aside. The University, respondent
No. 3, is directed to continue the petitioner, Dr.
Yashwant Singh Rawat on the post of Professor,
Department of Botany, as re-employed, till the end of
the academic year.
8. The writ petition is, hereby, allowed.
_______________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
____________________
NARAYAN SINGH DHANIK, J.
Dt: 25th OCTOBER, 2021
Negi
