VIRENDRA KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent, finally heard.

(2.) The petitioner has prayed for setting aside the order dtd. 20/12/2022 (Annexure P/1) whereby the University decided to retire him on attaining the age of 62 years on 31/10/2023.

(3.) Shri Dharmendra Soni, learned counsel for the petitioner fairly submits that petitioner's substantive post is Assistant Engineer in the respondent University. On 23/7/2019, the Registrar on the strength of decision of Academic Council passed the order dtd. 23/7/2019 (Annexure P/5) and decided to take teaching work from the petitioner. Thus, in the teeth of Sec. 2(l) of the Mahatma Gandhi Chitrakoot Gramodaya Vishwavidhyalaya Adhiniyam, 1991, petitioner for all purposes should be treated to be involved in imparting instructions and therefore, his age of superannuation should be equivalent to that of Teachers, i.e. 65 years. The respondents have committed an error in ignoring their own memorandum dtd. 23/7/2019 (Annexure P/5). Thus, it is prayed that petitioner is entitled to continue in employment till attaining the age of 65 years.