Court No. - 58
Case :- WRIT - A No. - 2912 of 2019 Petitioner :- Subhash Chandra Singh Respondent :- State Of U.P. Through Principal Secretary, (Agriculture) Government Of U.P. Lucknow, And 4 Others Counsel for Petitioner :- Rohit Pandey,Namit Srivastava Counsel for Respondent :- C.S.C.,Rakesh Kumar
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been appointed on the post of Training Associate (Extension) in Krishi Vigyan Kendra at Kannauj, by Chandra Shekhar Azad University of Agriculture & Technology, Kanpur. He has attained the age of superannuation in terms of the provisions of the Statute, on 19.9.2018. Petitioner submits that being member of the teaching staff by virtue of Clause 2(k) of 'The Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam), 1958' he is entitled to sessions benefit by virtue of Clause-7 (a) (ii) of Chapter- XXI of the Ist Statute of the University. Submission is that the claim raised by the petitioner in that regard has not been examined by the Vice Chancellor of the University so far.
Sri Rakesh Kumar, learned counsel appearing for the University has attempted to dispute the right of petitioner for sessions benefit on the plea that in any circumstances, centres have been set up as independent unit and that the provisions of the Act of 1958 or the Statute of the University would not be attracted.
Be that as it may, this Court finds that the petitioner has been issued appointment letter by the respondnet-University and admittedly salary and all other benefits are being extended to him by the University itself. Petitioner has also been allowed to continue till the age of 62 years, which otherwise is the age of superannuation in respect of teaching staff of the University. The question as to whether the provisions of the Act of 1958 would be applicable for grant of sessions benefit to the petitioner is already stated to be pending before the Vice Chancellor and a decision is still awaited.
In that view of the matter, ends of justice would be met in disposing of this petition, requiring the Vice Chancellor of the University concerned to accord consideration to petitioner's plea for grant of sessions benefit, as noticed above, by passing a reasoned order, at the earliest possible, preferably within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 22.2.2019 n.u.