Decided on March 08,1999

M K Raina Appellant


- (1.) Letter Patent Appeals (SW) Nos. 32/99, 34/99 and 33/99 are directed against the judgment and order dated February 26, 1999 delivered in SWP No. 104/99, SWP No. 2372/98, SWP No. 105/99. LPA (SW) No. 38/99 and LPA (SW) No. 39/99 are directed against the order and judgment dated February 26, 1999, delivered in SWP No. 25/99 and SWP No. 300/99. These appeals are disposed of by a common order as the facts and the law involved in these appeals is identical.
(2.) The appellants in LPA(SW) No. 32/99 are working as Professors in the Post Graduate Departments of Zoology and Chemistry in the University of Kashmir. The appellants in LPA(SW) 34/99 are working as Senior Grade Lecturers in G.G.M. Science College (Camp), Jammu. The appellants in LPA(SW) No. 33/99 working as Professors in the College of the State Government. Appellants in LPA(SW) No. 38/99 are working as Associate Professors in Sher-i-Kashmir University of Agriculture, Sciences and Technology, Srinagar and appellant in LPA (SW) No. 39/99 is working as Director Resident Instructions, Sher-i- Kashmir University of Agriculture, Science & Technology, Srinagar. All the appellants belong to the teaching cadre of the universities and Colleges of the State Government. Appellants are sought to be retired at the age of 60 years in terms of the Service Conditions governing the appellants. They have challenged the action of their superannuation. Before the writ court, the appellants have sought a direction to quash the action of the respondents to retire them and issue writ of mandamus, commanding the respondents to enhance the age of retirement from 60 to 62 years alongwith consequential benefits in terms of 5th Pay Commission Report and Instructions of the University Grants Commission.
(3.) Learned Single Judge dismissed the writ petitions placing reliance on the judgments of this Court 1998(3) SCT 722 (P&H), titled Prof. A.R. Rahi v. State of Jammu and Kashmir, 1998 KashLJ 248; titled Y.N. Gupta and others v. State of Jammu and Kashmir,1991 KashLJ 611 and others and judgment of the Hon'ble Supreme Court, T.P. George v. State of Kerala, 1992 3 SCT 140. Reliance is also placed on the judgment delivered in Writ Petition No. 2022/99 by a Division Bench of the Punjab and Haryana High Court, comprising of R.S. Mongla and V.M. Jain, JJ. The learned Single Judge while dismissing the writ petitions directed the respondent-University to consider the matter of enhancement of age and take decision at the earliest. Aggrieved of the directions issued, the appellants have questioned the correctness and legality of the order under appeals.;

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