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PARTHA SARTHY, K. VINOD CHANDRAN
Hareramacharya Son of Late Ramchandra Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manan Kumar Mishra, Mr. Lakshmi Kant Sharma, Advocate
For the Respondent:Dr. K. N. Singh, Mr. P.K.Shahi, Senior Advocate

JUDGMENT :

PARTHA SARTHY, J.

1. Heard learned counsel for the parties.

2. The instant appeal has been preferred by the appellant against the judgment dated 11.1.2023 passed in C.W.J.C. No.38 of 2022 whereby the learned Single Judge while holding that the appellant having moved an application for withdrawal of his application for voluntary retirement, his application could not have been accepted and approved and the same was bad in law. The learned Single Judge proceeded to hold that in view of the fact that the appellant did not possess Ph.D degree, he cannot be allowed to continue after 62 years of age and is thus not entitled to any relief as prayed for.

3. The relevant facts in brief are that the appellant was appointed as the Principal of Sriswami Parankushacharya Adarsh Sanskrit Mahavidayalay, Hulasganj, District Gaya (at present District Jehanabad) (‘the College’ in short) on 22.2.1990. He started working in the capacity of the Principal. By his application dated 12.11.2021 addressed to the Vice Chancellor of the Central Sanskrit University, Janakpuri, New Delhi (‘the University’ in short), the appellant expressed his desire to retire voluntarily. As per the appellant’s case, the

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