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2023 Supreme(SC) 1217

HIMA KOHLI, RAJESH BINDAL
P. C. Modi – Appellant
Versus
Jawaharlal Nehru Vishwa Vidyalaya – Respondent


Advocates appeared:
For the Appellant(s) : Mr. L.C. Patne, Adv. (Through VC) Mrs. Rekha Pandey, AOR Mr. Raghav Pandey, Adv. Ms. Gauri Pandey, Adv. Mr. Harshit Shishodiya, Adv.
For the Respondent(s): Mr. Niraj Sharma, AOR Ms. Mahima Sharma, Adv. Ms. Tanya Raizada, Adv. Mr. G. A. V. Ravi Kumar, Adv. Mr. Sumit Kumar Sharma, Adv. Mr. Raghav Gupta, Adv.

JUDGMENT :

(Hima Kohli, J.)

1. The present appeal has been filed by the appellant being aggrieved by the judgement and order dated 14th December, 2009, passed by the Division Bench of the High Court of Madhya Pradesh, Jabalpur, Bench at Indore in a Writ Appeal1[In Writ Appeal No. 126 of 2008], filed by the respondents herein allowing their appeal and setting aside the order dated 26th April, 2005, passed by the learned Single Judge2[In Writ Petition No. 1322 of 2022] wherein it was held that the appellant, who was working as a sports officer/physical training instructor3[For short ‘PTI’] in the respondent No. 1 – Jawaharlal Nehru Krishi Vishwa Vidyalaya4[For short ‘the University’], falls under the definition of a “teacher” and is entitled to retire at the age of 62 years, at par with teachers serving in the respondent no. 1 – University.

2. We may first elucidate the facts relevant for deciding the case at hand.

2.1 The respondent No. 1 – University was established under the Jawaharlal Nehru Krishi Vishwavidyalaya Act, 19635[For short ‘the J.N.K.V.V. Act’], enacted by the Madhya Pradesh Legislature. In exercise of the powers conferred under the Act, the Jawaharlal Nehru Krishi Vishw

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