Pet it ioner v. St at e of Ut t arakhand ot hers

: Ms. Mansi Chauhan, learned counsel Counsel for t he respondent s : Ms. Raj ni Supyal Lat wal, Brief Holder for t he St at e learned : Mr. Aj ay Singh Bisht , learned St anding Counsel for t he Union of I ndia / respondent No. 3 : Mr. S.S. Lingwal, learned counsel for t hrough t o 6 respondent Nos. 4 video conferencing Th e Co u r t m a d e t h e f o l l o w i n g : JUD GM EN T: ( p e r H o n ’ b l e Th e Ch i e f Ju st i ce Sr i G. N a r e n d a r ) Heard t he learned counsel for t he pet it ioner. 1 2) Learned counsel subm it s t hat a Co- ordinat e Bench of t his Court on an earlier occasion dealing wit h t he sim ilar issue raised in Writ Pet it ion ( S/ B) No. 344 of 2024, t it led as ‘Chandeshwar Tiwari Vs St at e of Ut t arakhand and orders’, produced as Annexure- 13, was pleased t o pass t he following order : “ Mr. S.S. Chauhan wit h Mr. Anil Bisht , learned Counsel( s) for t he pet it ioner.

2. Mr . Pooran Singh Bisht , lear ned Addl. CSC for t he St at e.

3. Mr. Aj ay Singh Bisht , learned Counsel respondent no.3- I CAR.

4. Mr. Shubhang Dobhal, learned Counsel respondent nos.4 t o 6- Univer sit y.

5. Pet it ioner is serving as Professor ( Agronom y ) in Krishi Vigyan Kendra, Jeolikot e, Nainit al which is an Ext ension Cent er of ‘G.B. Pant Universit y of Agricult ure and Technology’. According t o pet it ioner , he enj oys t he st at us of ‘t eacher’ as defined under Sect ion 2( k) of t he Ut t ar Pradesh Krishi Evam Prodyogik Vishwavidy alaya Adhiniyam , 1958.

6. According t o him , he is being m ade t o ret ire at t he age of 60 years which is in t eet h of policy decision t aken by t he St at e Governm ent on 20.09.2013, wher eby, t he age of r et irem ent of t eacher s of Agricult ur e Univer sit y was increased from 60 t o 65 years.

7. Lear ned Counsel for pet it ioner has r efer red t o a j udgm ent rendered by t his Court in WPSB No.333 of 2 2023 ( Dr. Anuradha Dut t a v. St at e & ot hers) and bat ch, decided by a com m on j udgm ent dat ed

21.05.2024. He subm it s t hat ident ical decided in t hose w rit pet it ions, t herefore, t he Univer sit y aut horit ies, in ret iring t he pet it ioner at t he age of 60 y ears, is unj ust and im proper .

8. Lear ned Counsel for pet it ioner subm it s t hat pet it ioner had m ade repr esent at ion highlight ing t he aforesaid aspect , however his r epresent at ion was not consider ed and it was r et ur ned by t he Chief Est ablishm ent Officer of t he Univer sit y. He subm it s t hat pet it ioner m ay be per m it t ed t o m ove a represent at ion which m ay be dir ect ed t o be decided expedit iously.

9. Having regar d t o t he afor esaid fact s and circum st ances, pr esent writ pet it ion is disposed of wit h libert y t o t he pet it ioner t o m ak e fr esh r epr esent at ion t o t he com pet ent aut horit y in t he Universit y. I f pet it ioner m akes such represent at ion wit hin 48 hours, t he com pet ent aut horit y shall t ake decision t here- upon wit hin t wo week s from t he dat e of it s receipt .

10. Pending applicat ion, if any, st ands disposed of.” 3) Anot her Co- ordinat e Bench while disposing of Writ Pet it ion ( S/ B) No. 297 of 2025, t it led as ‘Dr. Moham m ad Sarfaraz Khan Vs St at e of Ut t arakhand and ot hers’, was also pleased t o follow t he sim ilar order passed in Writ Pet it ion ( S/ B) No. 333 of 2023. 3 4) I n t hat view t he inst ant writ pet it ion also st ands disposed of in sim ilar t erm s. 5) The pet it ioner is ent it led t o m ake a represent at ion wit hin a week from t oday. The sam e shall be considered and disposed of wit h a week t hereaft er. ________________ G. N A REN D A R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SUBH A SH UPA D H YA Y, J. Dt : 23 RD SEPTEMBER, 2025 Negi HIMANS HU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI 4