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HIMA KOHLI, RAJESH BINDAL
P. C. Modi – Appellant
Versus
Jawaharlal Nehru Vishwa Vidyalaya – Respondent
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
Definition of “teacher” is inclusive in nature and not just confined to a Professor, Associate Professor or Assistant Professor – Word “teacher” encompasses one who is enjoined to impart instructions....
The principle of equal pay for equal work applies only when the positions are functionally and structurally identical.
The court established that a Senior Research Officer is classified as a Teacher under the university's statutes, entitled to benefits of extended service age.
The court established that the definition of 'Teacher' under the Uttar Pradesh University Act includes the petitioner, entitling him to retirement benefits at 65 years.
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
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