Court No. - 34
Case :- WRIT - A No. - 13165 of 2018 Petitioner :- Ram Bilash Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Tripathi I Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard learned counsel for petitioner and perused the record.
2. Admittedly, service rules applicable to petitioner have not been amended so far and none has been placed before us despite repeated query. Learned counsel for petitioner could not dispute that under existing service rules, applicable to petitioner, age of retirement is still only 60 years and there is no amendment. Hence, relief prayed for that petitioner should be allowed to retire on attaining age of 65 years on the basis of recommendation made by All Indian Council For Technical Education (hereinafter referred to as the “AICTE”) cannot be accepted.
3. Annexure-2 to the writ petition which is a Government Order dated 03.05.2018 itself provides in para 11 that relevant rules applicable to various Technical Institutions should be amended accordingly. So long as rules are not amended Technical Institutions are governed by existing terms and conditions. Petitioner, therefore, cannot claim any benefit mere on the basis of aforesaid recommendation made by AICTE.
4. Writ petition lacks merit. Dismissed.
Order Date :- 30.5.2018 AK