Rajan Roy, J. - (1.) This is a writ petition under Article 226 of the Constitution of India by a Teacher of Physical Education in the Narendra Dev University of Agriculture and Technology, Faizabad challenging the notice of retirement dated 9.6.2016 issued to him informing him about his ensuing retirement on 31.7.2016, on the ground that the age of retirement on superannuation for Teachers is 62 years and as he is a Teacher, therefore, is entitled to continue upto 62 years i.e. 31.7.2018 with consequential benefit of extension of service till the end of Academic Session as is available to Teachers.
(2.) A copy of the counter affidavit filed by the University has been provided to the Court as the original cannot be traced and as it has been accepted as being a true copy of the one served upon him by Sri Sudeep Seth, learned counsel for the petitioner, therefore it is taken on record. A rejoinder affidavit of the petitioner to the said counter affidavit is already on record.
(3.) Narendra Dev University of Agriculture and Technology, Faizabad (hereinafter referred as 'the University') has been established under the Krishi Evam Prodyogiki Vishwavidyalaya vide Adhikiyam of 1958 (hereinafter referred as Act 1958) and is recognized under the University Grants Commission Act 1956 (hereinafter referred as 'U.G.C. Act'). The University has its own Statutes which have been made under section 28 of the Act 1958 which initer alia provide for classification and manner of appointment of Teachers and the number, qualifications, emoluments and other conditions of service of Teachers and salaried officers of the University, but the First Statutes made available to the Court do not contain any provision prescribing the age of retirement on superannuation, instead this is prescribed by means of a government order dated 23.6.2004, as 62 years, a copy of which has been placed before the Court by learned counsel for the respondent himself.;