The Allahabad High Court has directed the Uttar Pradesh government to get the statute of a Meerut-based Sardar Vallabhbhai Patel University of Agriculture and Technology University amended to raise the retirement age of its teaching staff from 62 years to 65 years.

A Bench of Justice Siddharth issued the direction to the state government on the grounds of parity in the retirement age of universities in the neighbouring state of Uttarakhand.

The Court passed the judgment on a plea by Dr. Devendra Narain Mishra, who is working as a professor at the University. He had sought an increase in the retirement age from 62 years to 65 years.

In its judgement, the Court observed that the members of the teaching staff of Pantnagar's Govind Ballabh Pant University of Agriculture and Technology and other universities in Uttarakhand have acquired a right in their favour to have their retirement age increased to 65 years.

"The state (Uttar Pradesh) government will get the statutes of Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut altered providing for an increase in the age of superannuation of the members of its teaching staff ", the Bench directed while disposing of Dr Mishra's plea.

Giving three months' time to the Uttar Pradesh government to change the Meerut-based university's bylaws, the High Court also allowed Dr Mishra to continue to work on his post till the government decides the issue.

During the adjudication of Dr Mishra's plea, his counsel argued that the University Grants Commission guidelines of 2010 entitle university teachers to a rise in their retirement age from 62 to 65 years. The UP government too should follow it in letter and spirit and it cannot adopt the policy of pick and choose, the counsel argued.

Dr Mishra's counsel also cited the Uttarakhand High Court's December 2021 order raising the retirement age of the Pantnagar's Govind Ballabh Pant University of Agriculture and Technology and other universities with the government of the neighbouring state implementing it.

The UP government, in its affidavit, had contented that Dr Mishra has no right to get his retirement age enhanced from 62 years to 65 years. It also said the Uttrakhand government order does not apply to UP but the court dismissed the UP government's arguments.

"This court finds that the Uttrakhand High Court has considered the issue in correct perspective..", the Allahabad High Court said in its order.

Click here to read/download Judgment



With PTI inputs

Allahabad High Court

Verdictum News Desk