- (1.) The petitioner, who was appointed as a Professor, Training and Placement1 in the Madan Mohan Malviya Engineering College, Gorakhpur2 by order dated 13 February 1999 has challenged the order dated 1/2 January 2015 by which he has been informed that he would not be entitled to the benefit of the Academic Session on attaining the age of superannuation as he is not performing regular teaching work.
(2.) The appointment order of the petitioner mentions that it was against a regular permanent post and it was specifically provided that the petitioner shall devote his whole time to his duties and shall perform such duties as may be assigned to him by the Principal/Head of Department. Such duties, it was provided, could include the organization of instruction, teaching formal or informal, examination of the students, maintenance of their discipline, promotion of their welfare and co-curricular and residential activities. The petitioner was also required to perform such other duties of the College as could be entrusted to him by the Principal.
(3.) Subsequently, the administration of the Engineering College was transferred to the Madan Mohan Malviya Engineering College Society, which was a Society registered under the provisions of the Societies Registration Act, 1860. The State Government then enacted the Uttar Pradesh Madan Mohan Malviya University of Technology Act, 2013 3 and Section 4(4) of the Act provides that every person employed by the Madan Mohan Malviya Engineering College, Gorakhpur immediately before the commencement of the Act shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as he would have held if the Act had not been passed and shall continue to do so unless and until his employment is terminated or he has opted for the University's terms and conditions of employment.;