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2023 Supreme(MP) 887

G. S. AHLUWALIA
Umesh Kumar Shrivastava, S/o. Shri Jagatmohan Shrivastava – Appellant
Versus
Jawaharlal Nehru Krishi Vishwavidyalaya, Through Its Registrar – Respondent


Advocates Appeared:
For the Petitioner: Shri Samdarshi Tiwari.
For the Respondents: Ms. Aishwarya Singh.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

    (i) Quash the condition no. 3 placed in the order dated 21.4.2022, Annexure-P/15, in its entirety.

(ii) Hold that on his reinstatement in service pursuant to the order dated 21.4.2022, Annexure-P/15, the petitioner is entitled for all the monetary benefits, like arrears of salary and other allowances for the period he was forcefully retired from service till the date of his reinstatement.

(iii) Direct the respondent University to fix his pension and other retiral dues on petitioner’s retirement, if so permissible in law, treating him to be in continuous service till attaining the age of 62 years, as if he was not retired earlier on attaining the age of 60 years.

(iv) Consider grant of any other relief or direction which this Court may deem proper and appropriate under the fact and circumstances of the case.

2. It is the case of the petitioner that respondent no. 1 University is a body constituted under Jawaharlal Nehru Krishi Vishwavidyalaya Act, 1973 and is competent to create administrative, ministerial and other necessary posts and to make appointments thereto. The “

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