Dr Mahendra Singh Negi v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON'BLE SRI JUSTI CE SUBHASH UPADHYAY

W RI T PETI TI ON ( S/ B) NO. 3 9 1 OF 2 0 2 5

2 3 RD SEPTEMBER, 2 0 2 5

Dr. Mahendra Singh Negi

…… Petitioner

Versus

State of Uttarakhand & others

…… Respondents

Counsel for the petitioner : Ms. Mansi Chauhan, learned counsel

Counsel for the respondents : Ms. Rajni Supyal Latwal, learned Brief Holder for the State

: Mr. Ajay Singh Bisht, learned Standing Counsel for the Union of India / respondent No. 3

: Mr. S.S. Lingwal, learned counsel for respondent Nos. 4 to 6 through video conferencing

Th e Cou r t m ade t h e follow in g:

JUDGMENT: ( per Hon 'ble Th e Ch ief Ju st ice Sr i G. Nar en dar )

Heard the learned counsel for the petitioner.

2)

Learned counsel submits that a Co-ordinate Bench of this Court on an earlier occasion dealing with the similar issue raised in Writ Petition (S/ B) No. 344 of 2024, titled as 'Chandeshwar Tiwari Vs State of Uttarakhand and orders', produced as Annexure-13, was pleased to pass the following order :

"Mr. S.S. Chauhan with Mr. Anil Bisht, learned Counsel(s) for the petitioner.

¶2Mr. Pooran Singh Bisht, learned Addl. CSC for the State.

¶3Mr. Ajay Singh Bisht, learned Counsel for respondent no.3-I CAR.

¶4Mr. Shubhang Dobhal, learned Counsel for respondent nos.4 to 6-University.

¶5Petitioner is serving as Professor (Agronomy) in Krishi Vigyan Kendra, Jeolikote, Nainital which is an Extension Center of 'G.B. Pant University of Agriculture and Technology'. According to petitioner, he enjoys the status of 'teacher' as defined under Section 2(k) of the Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958.

¶6According to him, he is being made to retire at the age of 60 years which is in teeth of policy decision taken by the State Government on 20.09.2013, whereby, the age of retirement of teachers of Agriculture University was increased from 60 to 65 years.

¶7Learned Counsel for petitioner has referred to a judgment rendered by this Court in WPSB No.333 of

2023 (Dr. Anuradha Dutta v. State & others) and batch, decided by a common judgment dated

21.05.2024. He submits that identical issue was decided in those writ petitions, therefore, the act of University authorities, in retiring the petitioner at the age of 60 years, is unjust and improper.

¶8Learned Counsel for petitioner submits that petitioner had made representation highlighting the aforesaid aspect, however his representation was not considered and it was returned by the Chief Establishment Officer of the University. He submits that petitioner may be permitted to move a fresh representation which may be directed to be decided expeditiously.

¶9Having regard to the aforesaid facts and circumstances, present writ petition is disposed of with liberty to the petitioner to make fresh representation to the competent authority in the University. If petitioner makes such representation within hours, the competent authority shall take decision there-upon within two weeks from the date of its receipt.

¶10Pending application, if any, stands disposed of."

3)

Another Co-ordinate Bench while disposing of Writ Petition (S/ B) No. 297 of 2025, titled as 'Dr. Mohammad Sarfaraz Khan Vs State of Uttarakhand and others', was also pleased to follow the similar order passed in Writ Petition (S/ B) No. 333 of 2023.

4)

In that view the instant writ petition also stands disposed of in similar terms. 5)

The petitioner is entitled to make a fresh representation within a week from today. The same shall be considered and disposed of with a week thereafter.

________________

G. NARENDAR, C.J.

_ _ _ _ _ _ __ _ _

SUBHASH UPADHYAY, J.

Dt: 23RD SEPTEMBER, 2025 Negi

HIMANS HU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.09.24 11:34:26 +05'30'