Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5696 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 13838 OF 2018]
[DIARY NO. 7694 OF 2018]
NARENDRA DEV UNIVESITY
OF AGRICULTURE AND TECHNOLOGY & ORS. Appellant(s)
VERSUS
BHUPENDRA SINGH RAWAT & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Delay condoned. Leave granted.
2. According to the first respondent, he has been
working as a Physical Instructor. Being thus in a
teaching post, he is entitled to continue up to 62
years like other teachers. The High Court held in
favour of the first respondent and thus, aggrieved,
the appellant – University is before this Court.
3. Having regard to the peculiar facts of this case,
we are inclined to hold that the respondent should be
permitted to continue upto the age of 62 years.
Ordered accordingly.
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.05.21
14:22:16 IST
Reason:
4. The appellants are granted a period of two weeks
to implement this order. Needless to say, the
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contempt proceedings will stand recalled.
Accordingly, the writ appeal now pending in the High
Court has become infructuous and is accordingly,
dismissed.
5. In view of the above, the appeal is disposed of,
however, leaving the question of law is kept open.
6. Needless to say that the impugned Judgment shall
not be treated as a precedent.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 18, 2018.
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ITEM NO.33 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 7694/2018
(Arising out of impugned final judgment and order dated 10-10-2017
in SAD No. 400/2017 passed by the High Court Of Judicature At
Allahabad, Lucknow Bench)
NARENDRA DEV UNIVESITY OF AGRICULTURE
AND TECHNOLOGY & ORS. Petitioner(s)
VERSUS
BHUPENDRA SINGH RAWAT & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.71495/2018-CONDONATION OF DELAY
IN FILING and IA No.71501/2018-EXEMPTION FROM FILING O.T. and IA
No.71496/2018-CONDONATION OF DELAY IN REFILING and IA
No.71505/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 18-05-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. S. B. Upadhyay, Sr. Adv.
Mr. Shantanu Sagar, AOR
Mr. Anmol, Adv.
Mr. Nishant Kumar, Adv.
Mr. Jeevesh Prakash, Adv.
For Respondent(s) Mr. Sudeep Seth, Adv.
Mr. Anurag Kishore, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)