LAWS(SC)-2023-12-19

P.C. MODI Vs. JAWAHARLAL NEHRU VISHWA VIDYALAYA

Decided On December 13, 2023
P.C. Modi Appellant
V/S
Jawaharlal Nehru Vishwa Vidyalaya Respondents

JUDGEMENT

(1.) The present appeal has been filed by the appellant being aggrieved by the judgement and order dtd. 14/12/2009, passed by the Division Bench of the High Court of Madhya Pradesh, Jabalpur, Bench at Indore in a Writ Appeal [In Writ Appeal No. 126 of 2008] filed by the respondents herein allowing their appeal and setting aside the order dtd. 26/4/2005, passed by the learned Single Judge [In Writ Petition No. 1322 of 2022] wherein it was held that the appellant, who was working as a sports officer/physical training instructor [For short 'PTI'] in the respondent No. 1 - Jawaharlal Nehru Krishi Vishwa Vidyalaya [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.

(3.) For deciding as to whether a PTI/Sports Officer falls within the expression "teacher" and if so, whether the appellant herein would have been entitled to continue in the service of the respondent No.1 - University as a PTI till he completed the age of 62 years, at par with other teachers of the Vishwavidyalaya, we may first examine the relevant provisions of the Act, the Statute and the Regulations.