Arifa Bashir v. University of Kashmir and Ors

JUDGMENT

27.08.2025 1) Through the medium of OA No.631 of 2024, the petitioner had assailed the order dated 30th September, 2024, before the Central Administrative Tribunal, Srinagar Bench (for short "the Tribunal"). It was stated by the petitioner that in terms of order dated 30th September, 2024, she was retired prematurely from service as Professor and Head of the Department, Department of Urdu and Dean School of Arts, Languages and Literature in violation of Circular dated 06.07.2023 enhancing the age of superannuation of the Professor of the University from 62

WP(C) No.2898/2024 2 | P a g e

to 65 years. The learned Tribunal dismissed the OA preferred by the petitioner vide order dated 28.11.2024. 2) The petitioner has assailed the order dated

28.11.2024 passed by the learned Tribunal on the grounds that the learned Tribunal has not considered the controversy in its right perspective and while passing the order impugned has ignored that the petitioner had qualified all the parameters laid down by the respondents for grant of extension of age of superannuation from 62 to

¶653) For during the course of hearing we had considered it expedient to direct the Additional Chief Secretary, Higher Education Department, Government of J&K, as also the Registrar, University of Kashmir, to appear post recess. Pursuant to the aforesaid direction, Shri Shantmanu, Additional Chief Secretary, Higher Education Department, Government of J&K, and Professor Naseer Iqbal, Registrar, University of Kashmir, have caused their appearance. 4) After the matter was heard at length, it was submitted by Mr. Ilyas Nazir Laway, learned GA, that as per the instructions conveyed to him, the case of the petitioner was extension of age of superannuation from 62 to 65 years shall be considered afresh within a period of one month

WP(C) No.2898/2024 3 | P a g e

from today, to which Mr. R. A. Jan, learned senior counsel appearing for the petitioner, has expressed his no objection but at the same time, he has submitted that the case of the petitioner be considered strictly in accordance with the parameters laid down in order dated 03.07.2023, as reiterated in circular dated 06.07.2023. 5) In view of the above, the present petition is disposed of by directing the respondent No.5 to consider the case of the petitioner afresh for grant of extension of age of superannuation from 62 to 65 years in accordance with the parameters laid down in Government Order 183-JK(HE) of 2023 dated 03.07.2023, within a period of one month from today and convey decision thereof to the petitioner. (RAJNESH OSWAL) (ARUN PALLI)

JUDGE

CHIEF JUSTICE Srinagar

27.08.2025 "Bhat Altaf"

Whether the judgment is reportable:

WP(C) No.2898.2024 1 | P a g e Sr. No.04 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court WP(C) No.2898/2024 ARIFA BASHIR ...PETITIONER(S) Through: - Mr. R. A. Jan, Sr. Advocate, with Mr. Wahid Lone, Advocate & Ms. Safa Abdul Aziz, Advocates. Vs. UNIVERSITY OF KASHMIR & ORS. ...RESPONDENT(S) Through: - Mr. Ilyas Nazir Laway, GA. Mr. Asif Maqbool, Advocate. Mr. Sikandar Hayat Khan, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE