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2025 DAILYLAW 123602 (ALL)

DR. SAMEER KUMAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. AGRICULTURAL EDU. AND RESEARCH LKO. AND LKO. AND 4 OTHERS

WRIA/1993/2025 · 2025-03-26

Rajesh Singh Chauhan

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17423 Court No. - 3 Case :- WRIT - A No. - 1993 of 2025 Petitioner :- Dr. Sameer Kumar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agricultural Edu. And Research Lko. And Lko. And 4 Others Counsel for Petitioner :- Yadukul Shiromani Srivastava (Y.S.Lohit),Aditi Patel,Avadhesh Kumar Singh Counsel for Respondent :- C.S.C.,Ashutosh Kumar Srivastava,Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Y.S. Lohit, learned counsel for the petitioner, Sri Sanjeev Singh, learned Standing Counsel for the opposite party no. 1, Sri Prashant Kumar Singh, learned counsel for the opposite parties no. 2,3, and 4 and Sri Ashutosh Kumar Srivastava, learned counsel for opposite party no. 5. 2. Instant petition has been filed praying for a mandamus commanding the respondents to allow the petitioner to continue in service till the age of superannuation on completing 62 years of age i.e. till 31.03.2027 which is the age of superannuation of teachers in Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Ayodhya followed by consequential benefits. So far as the payment of academic grade pay is concerned it is prayed that the petitioner may be permitted to make a comprehensive representation before respondent no.4, which may be directed to be decided within a specified time. 3. There is consensus at the bar that the matter in issue is squarely covered by the Division Bench judgment of this Court passed in Writ-A No.7847 of 2022 in re: Dr. Mithilesh Kumar Pandey and others vs. State of U.P. and others, decided on 17.05.2023, a copy of which has been filed as Annexure-23 to the petition, against which the SLPs filed by the State Government, University and ICAR have been dismissed on 02.02.2024, a copy of which is Annexure -40 to the petition. Notably, for the judgment and order dated 17.5.2023 one Civil Misc. Review Application (Defective) No. 36 of 2024 has been filed bearing Special Leave Petition (Civil) Diary No. 54359 of 2024 : Indian Council of Agricultural Research vs. Mithilesh Kumar Pandey & ors. wherein the Apex Court vide order dated 21.2.2025 directed that the "Until the next date of listing, further proceedings in contempt shall remain stayed." The aforesaid S.L.P. along with other connected matters was again listed on 4.3.2025 before the Apex Court wherein the Apex Court directed that "Let the office verify whether service of notice to all the respondents in all the matters have been effected or not, and submit a comprehensive report with regard to service of respondents on the next date." That S.L.P. is still pending. However, the judgment and order dated 17.5.2023 passed in Writ-A No. 7847 of 2022 (Dr. Mithilesh Kumar Pandey & others vs. State of U.P. & others) has not been stayed by the Apex Court till date. 4. Accordingly, without entering into the merits of the issue, I dispose of this writ petition finally at the admission stage directing that the present petitioner would be entitled for the benefit of the judgment of the Division Bench of this Court in the case of Dr. Mithilesh Kumar Pandey and others (supra). The aforesaid benefit shall remain subject to the final outcome of the pending S.L.P. before the Apex Court. 5. So far as the prayer for payment of academic grade pay is concerned, it would be open for the petitioner to submit a comprehensive representation before respondent no. 4 within a period of two weeks from today along with certified copy of this order, which would be considered in accordance with law and relevant rules and the decision in this regard would be taken within a period of six weeks from the date of submission of the representation. \ . [Rajesh Singh Chauhan, J.] Order Date :- 26.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench