Neutral Citation No. - 2025:AHC-LKO:14338 Court No. - 19 Case :- WRIT - C No. - 2371 of 2025 Petitioner :- C/M Hemwati Nandan Bahuguna Snatakottar Thru. President Dr. Poornmima Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Higher Education Lko. U.P. And 3 Others Counsel for Petitioner :- Pt. S. Chandra,Kedar Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties no.1, 2 & 3. 2. In view of order being passed, notices to opposite party no.4 stand dispensed with. 3. Petition has been filed seeking a direction to concerned authority to decide reference made by petitioner's College dated 27.12.2024 regarding age of retirement of Non-Teaching Staff and for not taking punitive action and creating obstruction in functioning of the petitioner's College. 4. It has been submitted that opposite party no.4 i.e Mr. Dinesh Chandra Tripathi was appointed Librarian in the petitioner's Institution and in terms of Statute 18.14 of the First Statutes of the Awadh University, Ayodhya, superannuated on attaining the age of 60 years. 5. It is submitted that although subsequently petitioner's affiliation with the Awadh University ended and fresh affiliation was made with the Professor Rajendra Singh (Rajju Bhaiya) Vishw Vidayalay, Prayagraj, where no First Statutes having been yet notified, the First Statute of Awadh University are applicable. 6. It is submitted that subsequently order dated 31.01.2024 was issued by Government enhancing the age of superannuation for such persons who have been employed in the Post Graduate Colleges for purposes of teaching in the said subject where posts have been created. 7. It is submitted that since in the petitioner's Institution, no such post has been created nor is the subject of Library Science being taught, the aforesaid Government Order dated 31.01.2024 is inapplicable. He has thereafter referred to the directions issued to petitioner's Institution by the Regional Higher Education Officer dated 10.01.2025 and by the Director, Higher Education to the effect that the salary bills of the petitioner's Institution should include that of opposite party no.4, failing which, appropriate action would be taken against the College concerned. 8. It is submitted that due to such confusion particularly with regard to applicability of the Government order on the post in question in the petitioner's Institution, the reference was made to the opposite party no.1, which remains undecided. 9. Learned State counsel however submits that since petitioner's Institution earlier affiliation with the Awadh University, Ayodhya has already ended and fresh affiliation has been made to another University, the First Statues on which reliance has been placed by learned counsel for petitioner, do not apply. 10. In the considered opinion of this Court, since factual dispute is also required to be resolved for the purposes of adjudication of petitioner's grievance, liberty is granted to petitioner's Institution to pursue the letter dated 27.12.2024 which shall be decided expeditiously by opposite party no.1, preferably within a period of eight weeks from the date a certified copy of this order is produced before said authority. Petitioner shall annex a copy of the letter dated 27.12.2024 along with certified copy of this order. 11. Any coercive action against petitioner's Institution in pursuance of letter issued by Regional Higher Education Officer and the Director, Higher Education shall be subject to final decision taken by the State Government. 12. With the aforesaid observation/direction, petition stands disposed of. Order Date :- 10.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench