JAMIA MILLIA ISLAMIA Vs. SHAKEEL AHMAD

JUDGEMENT

(1.) The appellant-Jamia Millia Islamia ('University') has preferred the present appeal against the judgment dtd. 10/7/2023 passed by the learned Single Judge of this Court in W.P.(C) 8957/2020 whereby the petition filed by the respondent was allowed and the Office Order dtd. 4/9/2018 passed by the appellant was quashed. A direction has also been issued to the appellant to reinstate the respondent in service, thereby permitting to take his reinstatement at the age of 65 years, with 50% back wages for the period commencing 31/12/2019 till re-instatement, with other consequential benefits.

(2.) In the present appeal, the appellant-University has averred that the respondent was appointed as Research Assistant in the Department of Sociology w.e.f. 26/8/1986 and was regularised on the same post on 8/2/1989. The respondent was superannuated from the said post after attaining the age of 60 years as on 31/12/1999.

(3.) The appellant-University claims to be governed by its own Act, Statues, Ordinances and Rules issued from time to time and notified by University Grants Commission ('UGC") in consonance with the decisions taken by Department of Education, Ministry of Human Resource Development, Government of India ('MHRD"). According to appellant-University, the respondent, who was appointed on a sanctioned post by UGC; any decision with regard to his retirement age cannot be in contravention with the guidelines/requirements issued by the UGC in this regard.