A.P. Misra, J. - (1.) The petitioner by means of this writ petition has challenged the order dated 3rd January 1986, passed by the Vice-Chancellor by virtue of which, on account of his attaining the age of sixty years, he is retired with effect from 28th August, 1986. He also sought for a direction in the nature of mandamus directing the respondents to allow the petitioner opportunity to opt for pension in pursuance to Government Order dated 22nd September, 1984 (Annexure-VI to the writ petition.)
(2.) The petitioner is working as Research Technician in the department of Earthquake Engineering University of Roorkee. The said University is constituted under the Roorkee University Act, 1947, and is governed by the said Act, Rules and Regulations framed thereunder. The petitioner was initially appointed as a routine grade clerk and worked up to 31st August, 1953 and then on 1st September, 1953, he was selected to the cadre of Lab. Assistant in the department of Civil Engineering. On 1st January, 1958, he was selected to the cadre of Junior Lab. Technician and thereafter was selected to the cadre of Senior Lab. Technician in the said department where he joined on 1st October, 1958. On 6th February, 1967, he was then selected to the cadre of Research Technician and was in exclusive charge of Earthquake Engineering Laboratory. According to the petitioner, the establishment of the University, which dealt with the Earthquake Engineering, was later on segregated from the department of Civil Engineering and conferred the status of a separate department under the University and it ultimately came to be known as department of Earthquake Engineering.
(3.) According to the petitioner, he was born on 29th August, 1926, and he completed the age of sixty years on the 28th August, 1986. The case of the petitioner is that under Regulation 34.4 as amended by the University the word "semester" occurring earlier has been replaced with the word "session" by virtue of which he is entitled to continue in service till 30th June, 1987. Relevant portion of Regulation 34.4 is quoted hereunder "Subject to the provisions of the Rorkee University Act and the regulations ail appointments to posts under the University shall ordinarily be made on probation for a period of one year after which period the employee, if confirmed, shall continue to hold his office subject to the provisions of the said Act, Rules and Regulations, till the close of the academic session in which he attains the age of sixty years when he shall retire." It is not in dispute that if this regulation is applicable to the petitioner he would retire on 30th June, 1987, which is the close of the academic session in which the petitioner attained the age of sixty years.;