(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
Narendra Dev Univesity of Agriculture and Technology & Ors. ________________________________________________ Appellant(s)
v.
Bhupendra Singh Rawat & Anr. _____________________ Respondent(s)
Civil Appeal No. 5696 of 2018 [@ Special Leave Petition (C) Nos. 13838 of 2018] [Diary No. 7694 of 2018], decided on May 18, 2018
The Judgement of the Court was delivered by
Kurian Joseph, 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.
4. The appellants are granted a period of two weeks to implement this order. Needless to say, the 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.
Special Leave Petition (Civil) Diary No(s). 7694/2018
Narendra Dev Univesity of Agriculture and Technology & Ors. ________________________________________________ Appellant(s)
v.
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.
(Before Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
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
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of the signed non-reportable Judgment.
9. Pending Interlocutory Applications, if any, stand disposed of.
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