JAWHARLAL NEHRU VISHWA VIDYALAYA Vs. P C MODI

JUDGEMENT

(1.) THIS Writ Appeal was originally registered as Letters Patent Appeal and consequently re-registered as Writ Appeal under section 2 of the Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

(2.) BASICALLY the respondents present appellant Jawaharlal Nehru Vishwa Vidyalaya (J.N.V.V.) being aggrieved by order dated 26-4-2005 passed by the learned Single Judge in Writ Petition No. 1322/2000 has filed the writ appeal. The main bone of contention raised is that the learned Single Judge had directed that the petitioner would come within the purview of definition of Teacher as per Statute 32 of the Jawaharlal Nehru Krishi Vishwa Vidyalaya (hereinafter referred as J.N.K.V.V.) and also within the purview of definition of Teacher as per Regulation 4 of the J.N.K.V.V. (General Conditions of Service Regulations 1929) and therefore, he is entitled to be retired after attaining the age of 62 years and therefore, the retirement order Annexure A/5 of the petitioner was quashed and the learned Judge had further directed the present appellant to pay emoluments and other benefits including the retiral benefits to the petitioner as if he was in continuous service upto the age of 62 years.

(3.) THUS, it can be culled from the above statement of facts that singular question that arises for adjudication in the present appeal is whether the respondent Shri P. C. Modi, who was working as physical training Instructor/Sports Officer is entitled to pay parity with the Teachers of the State Government, in fact whether the respondent/petitioner can be treated as a Teacher under prevalent J.N.K.V.V. Act.