IMPORTANT POINT
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 and/or conduct and guide research and/or extension programmes.

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 Vishwavidyalaya Statute, 1964⁶[For short ‘the Statute’], was framed which came into force with effect from 1st December, 1964.

2.2 The appellant was working as a sports officer/PTI in the College of Agriculture under the respondent No. 1 – University. Vide order dated 27th June, 2000, issued by the respondent No. 1 – University, the appellant was informed that on attaining the age of 60 years, he would stand retired from the service of the respondent No. 1 – University with effect from 30th June, 2000. The appellant claimed that he was entitled to be continued in service till 30th June, 2002, which period was being illegally curtailed by the respondent No. 1 – University. The said plea was based on the appellant’s stand that he falls in the purview of a “teacher” in terms of Statute 32 of the J.N.K.V.V Act as also in terms of Regulation 4 of the Jawaharlal Nehru Krishi Vishwa Vidyalaya (General Condition of Service Regulations, 1929)⁷[For short ‘the Regulation’] and he would be due to superannuate only upon attaining the age of 62 years on 30th June, 2002. Further, the appellant relied on the letters dated 27th July, 1998, 22nd September, 1998 and 06th November, 1998 issued by the Ministry of Human Resource Development (Department of Education) that had increased the age of retirement of physical education personnel to 62 years. The appellant submitted a representation to the respondents stating that by virtue of the aforesaid decision, the age of teachers was raised by the State Government from 60 years to 62 years with effect from the year 1998 and the said decision also covered the respondent No. 1 – University, thereby entitling teachers serving in the University to superannuate at the age of 62 years instead of 60 years. He urged that since sports officer/PTI working in the respondent No. 1 – University fall under the definition of “teacher”, their age of superannuation should also be treated as 62 years.

2.3 Aggrieved by the order of retirement issued by the respondent No. 1 -University, on the eve of his attaining the age of 60 years and on not receiving a positive response, the appellant approached the High Court and filed a writ petition²[In Writ Petition No. 1322 of 2022]. The said petition was opposed by the respondent No. 1 – University stating that the age of superannuation of employees working in the University is governed by Statute 11(4) and sub-clause (d) of Statute 11(4) specifically provides that the non-teaching service personnel shall be superannuated on attaining the age of 60 years. The appellant being a non-teaching service personnel, was therefore to retire on attaining the age of 60 years. It was also stated that vide order dated 17th May, 2000, the Education Department of the State Government had decided that the retirement age