- (1.) DR. U. S. Upadhyay has filed this writ petition under Article 226 of the Constitution of India with the prayer that a writ in the nature of certiorari may be issued quashing the impugned order, dated 11-11- 1994 passed by the Principal, Madan Mohan Malviya Engineering College, Gorakhpur whereby the petitioner has been directed to superannuate on 30-11-94. The further prayer in this writ petition is that a writ in the nature of mamus be issued coming the respondents not to retire the peti tioner on 30th November, 1994 permit him to continue in service till 30th June, 1995.
(2.) WHEN this writ petition was filed on 22-11-1994, the opposite parties were granted time to file counter affidavit which has been filed. A rejoinder affidavit has also been filed by the petitioner. As suggested by both the' parties, this writ petition is disposed of at the admission stage. Sri U. N. Sharma assisted by Sri Suneet Kumar on behalf of the peti tioner, Sri S. N. Upadhyay on behalf of Madan Mohan Malviya Engineering College, Gorakhpur sting counsel on behalf of State of U. P. have been heard at length. It may be mentioned here that Sri Dilip Gupta appearing on behalf of Gorakhpur University has informed the Court that since Madan Mohan Malviya Engineering College is the principal respondent, this writ petition has to be defended by that College not by Gorakhpur University. It may be said at the outset that the learned counsel for the parties have put all the relevant material through the petition the affidavits have rendered sufficient assistance for coming to the conclusion to which this court is adverting hereinafter.
(3.) DR. U. S. Upadhyay is admittedly a Lecturer in Mathematics in the Applied Sciences Department of Madan Mohan Malviya Engineering College, Gorakhpur, for short the College hereinafter. This college is affiliated to the University of Gorakhpur, for short the University hereinafter. It is also not in dispute that the petitioner has during the pendency of this petition com pleted the age of 60 years on 30-11-94. The only question for determination is as to whether the petitioner has to give up the job of serving the college on that very day or ho can get all the benefits of the proviso added to sub-clause (3) of paragraph 16. 24 in Chapter 16 Part III of the First Statutes of the University. For ready reference the said proviso may be usefully quoted here : "part IIi Age of Superannuation: 16. 24 (3) No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these statutes : Provided that if the date of superannuation of a teacher does not fall June 30 the teacher shall continue in service till the end of the academic session i. e. June 30, following he will be treated as on re- employment from the date immediately following the date of his superannuation till June 30, following. ";