STATE OF UTTAR PRADESH AND ORS. versus DR. RAMESH PRASAD

Citation: [1996] 1 S.C.R. 391 · Decided: 11-01-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Appeal(s) allowed

Judgment (excerpt)

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STATE OF UTTAR PRADESH AND ORS. 
v. 
DR. RAMESH PRASAD 
JANUARY JI, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Service Law : 
U.P. State University Act, 1973-Sections '2(18), 2(19), 49(d)-Statutes 
framed--Statute 16.24, 17.01-Superannuation--Teachers working in Medi-
cal Colleges maintained by State Govemmenl-Held, not entitled to remain in 
employment on attaining the age of 58 years unless express order made by 
Government under Regulation 520 of U.P. Civil Service Regulations. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2559 of 1996. 
From t~e Judgment and Order dated 21.12.90 of the Allahabad High 
Court in C. Misc. W.P. No. 33277 of 1990. 
T.N. Singh, B.M. Sharma and R.B.Mishra for the Appellants. 
The following Order of the Court was delivered : 
Leave granted. 
Though notice was sent to the respondent on September 10, 1993 in 
usual course, till date the report of the service of notice has not been sent 
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nor the acknowledgement received. Under these circumstances, the notice 
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must be deemed to have been served on the respondent. 
The only controversy in this case is whether the respondent-teacher 
imparting teaching in Moti Lal Nehru Medical College, Agra is entitled to 
remain in service till he attains the age of superannuation of 60 years. 
Making such a claim, the respondent filed a writ petition in the High Court. 
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The High Court even without considering the relevant provisions had 
directed the State Government in the impugned order dated December 21, 
1990 in CMWP No. 33277 /90 to continue the respondent in service till he 
attains the age of superannuation of 60 years virtually allowing the writ 
petition. Calling this order in question, the above appeal by special leave has 
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391 
392 
SUPREME COURT REPORTS 
[1996] l S.C.R. 
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been filed. We have directed the learned counsel to place before us the 
relevant Rules. Section 2(18) of lhe U.P. State University Act, 1973 (for 
short, "the Act") defines the teacher. The Section reads thus: 
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"2(18). "teacher" means a person employed for imparting instruction 
or guiding or conducting research in the University or in an Institute 
or in a constituent affiliated or associated college and includes a 
Principal or Director." 
University Teacher has been defined in Section 2(19) of the Act which 
reads as under : 
"2 (19) 'teacher of the University' means a teacher employed by the 
University for imparting instruction and guiding or conducting re-
search either in the University or in an Institute or in constituent 
college maintained by the University" 
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By exercising the power under Section 49( d) of the Act, the State 
Government had framed the statutes and statute 16.24 prescriqes superannua-
tion of 60 years for the teachers of the University. Under statute 17.01, it is 
stated that the provisions of the Chapter shall not apply to teachers of any 
college exclusively maintained by the State Government or Local Authority. 
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Under Regulation 459 of U.P. Civil Services Regulations, the date of 
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compulsory retirement of a Government servant (in other words superannua-
tion) is such as may from time to time be prescribed therefor in the Financial 
Hand Book, Vol. II. In Fundamental Rule 56(a) contained in the U.P. 
Financial Handbook, Vol. II to IV, it is provided thus : 
"56(a). Except as otherwise provided in other clauses of this rule, 
the date of compulsory retirement of a Government servant, other 
than a Government servant in inferior services, is the date on which 
he attains the age of 58 years. He may be retained in service after 
the date of compulsory retirement with the sanction of the Govern-
ment on public grounds, which must not be retained after the age 
of 60 years except in very special circumstances." 
Regulation 520 of the U.P. Civil Services Regulations also envisages 
that an officer who is in receipt of a superannuation or retiring pension shall 
not be re-employed or continue to be employed in service paid from general 
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STATE v. RAMESH PRASAD (DR.) 
393 
revenues or from a local fund, except on public grounds. Extension or re-
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employment on extension of the terms of employment may be given under 
the circumstances enumerated thereunder, which read as under : 
(i) By the Government of India in the Administrative Department 
concerned, when the pensioner served before retirement of a Gazetted 
appointment directly under the Government of India or belonged to 

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