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2025 DAILYLAW 21295 (ALL)

RAM KARAN SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/2278/2025 · 2025-03-09

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34566 Court No. - 10 Case :- WRIT - A No. - 2278 of 2025 Petitioner :- Ram Karan Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Samarath Singh,Shive Datta Yadav,Sr. Advocate Counsel for Respondent :- C.S.C.,Dinesh Chandra Mishra,Sudhanshu Srivastava Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V.K.Singh, learned Senior Counsel assisted by Sri Shive Datta Yadav, learned counsel for the petitioner, Sri Sudhanshu Srivastava, on behalf of respondent nos.5 and 6 and Sri Dinesh Chandra Mishra,on behalf of respondent nos.2 to 4. 2. Impugned order in the present case is as under: "वविशशेष अपपील ससंख्यय-75/2022 मम मयननपीय उच्च न्ययययलय, इलयहयबयद दयरय पयररत वनररय वदनयसंक 21.03.2022 कशे समयदर मम उत्तर प्रदशेश शयसन दयरय वनररत शयसनयदशेश ससंख्यय-237/2022 कक वशअ-67-400 (27)87 वदनयसंक 14.06.2022 एविसं भयरतपीय कक वष अननुससंधयन पररषद, नई वदलपी कशे पत्र ससंख्यय F.No. A.Extn.4/18/2019-AE.III (e. 52000) वदनयसंक 20.08.2024 दयरय जयरपी वनदरशशों कशे अननुपयलन मम डय० रयमकरर सससंह, कक वष वविजयन कशे न्द, मनुरयदयबयद (ममूल वनयनुवक्ति भयरतपीय कक वष अननुससंधयन पररषद, नई वदलपी दयरय स्विपीकक त पद टटशेवनसंर आररनयइजर) कको 60 विषर ककी असधविषरतय पमूरर करनशे कशे फलस्विरूप 31-12-2074 सक्षम स्तर कशे अननुमकोदनकोपरयन्त वदनयसंक 31.12.2024 कशे अपरयन्ह सशे कक वष वविजयन कशे न्द ककी सशेवियओसं सशे सशेवियवनविकत्त हशोंरशे। यह आदशेश सक्षम असधकयरपी कशे अननुमकोदन उपरयन्त जयरपी वकयय जय रहय हहै।" 3. Facts of the present case are not under dispute that above referred Government Order dated 14.6.2022 was subject matter of challenge before this Court in Writ-A No.7847 of 2022, (Dr. Mithilesh Kumar Pandey & 3 Ors Vs. State of U.P. Thru. Prin.Secy. Legislative Section 1 Govt of U.P. & 4 Ors, Neutral Citation No.2023:AHC-LKO:35421-DB). The writ petition was allowed and petitioners therein were allowed to work upto to the age of 62 years. Said matter was in respect of Acharya Narendra Dev University of Agriculture and Technology, Kumarganj, Ayodhya. 4. Aforesaid order was subject matter of challenge before the Supreme Court in Special Leave Petition (Civil) Diary No(s).32010 of 2023 which was dismissed vide order dated 2.2.2024. Thereafter, said University filed a Review Application before Division Bench of this Court which was also dismissed vide order dated 7.11.2024 and thereafter both the said orders were challenged before Supreme Court in a fresh Special Leave Petition (Civil) Diary No.54359 of 2024 wherein on 3.2.2025 following order was passed: "1) At the request of the learned senior counsel for the petitioner, list the matter on 21st February, 2025. 2) In the meantime, the petitioner is at liberty to file an affidavit explaining about the dismissal of the other special leave petitions on the issue." 5. Meanwhile, a co-ordinate of this Court has followed the order passed by Division Bench in Writ-A No.19750 of 2022, (Dr. Anil Kumar Katiyar & Anr Vs. State of U.P. & 2 Ors, Neutral Citation No. 2023:AHC:24281). 6. Aforesaid order is now under challenge in Special Appeal No.475 of 2024, which is still pending, without any interim order. 7. Learned Senior Counsel appearing on behalf of petitioner submits that despite issue has been settled, still impugned order has been passed without taking note of above referred judgments. 8. Learned counsel appearing on behalf of University submitted that every University has its own Ordinance and Regulations and matter is still seized with either before Division Bench of this Court or before the Supreme Court. However, he fairly submits that position of law as existing today was not considered in the impugned order. 9. In aforesaid circumstances, since in the impugned order, position of law as existing today and above referred judgments was not considered and without taking note of it the impugned order was passed, which could not be justified, therefore, impugned order dated 31.12.2024 is set-aside and matter is remanded to Vice Chancellor, Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut, (Respondent no.3) who will pass a fresh order taking note of position of law as existing today so far as issue involved and above referred judgments within a short period. 10. This writ petition is disposed of with aforesaid observation/direction. Order Date :- 10.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad