Madhya Pradesh High Court
S.A.M. Ansari vs State Of M.P. on 5 July, 2007
Equivalent citations: 2007(4)MPHT147
Author: R.K. Gupta
Bench: R.K. Gupta
ORDER R.K. Gupta, J.
1. They are heard.
Petitioner by way of filing this petition before the Tribunal has prayed for the quashment of the orders Annexures A-17 and A-18. The petitioner has further prayed for that his age of superannuation is 60 years and he has wrongly been superannuated on reaching the age of 58 years.
2. The petitioner was employed as a Weaving Master on the vacant post by the Inspector General of Prisons by an order Annexure A-l. The petitioner by an order dated 10th March, 1989 (Annexure A-2) was also regularized on the said post. Thus, there is no dispute that the petitioner was employed on the post of Weaving Master which is a teaching post by the Jail Department.
3. Learned Counsel for the petitioner submits that in pursuance of the M.P. Shaskiya Seva (Adhivarshiki Ayu) Adhiniyam, 1967 he being a teacher, has a right to continue till he reaches the age of superannuation. For the purposes of convenience the said provision is quoted as under:
(1-a) Subject to the provisions of Sub-rule (3), every Government teacher shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:
Provided that a Government teacher whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.
Explanation: For the purpose of this sub-rule "Teacher" means a Government servant by whatever designation called, engaged in teaching in an educational institution including technical or medical institutions, run by Government.
However, the Explanation aforequoted was amended by Act No. 23 of 1987 and it reads as follows:
Explanation: For the purpose of this sub-rule "Teacher" means a Government servant, by whatever designation called, appointed for the purpose of teaching in an educational institution run by the Government including technical or medical education institution in accordance with the recruitment rules applicable to such appointment and shall also include the teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years provided he holds a lien on a posting the concerned School/ Collegiate/Technical/Medical education service.
4. On the basis of the same, learned Counsel for the petitioner submitted that the petitioner being a teacher and there being no dispute about the same, the petitioner is entitled to get the benefit of retirement on reaching the age of 60 years.
5. The submission so made by the learned Counsel for the petitioner is considered. Merely because the petitioner is a teacher that by itself does not confer any right on the petitioner to be superannuated on reaching the age of 60 years. The Explanation which was amended by Act No. 23 of 1987 to the aforesaid provision reads that the "Teacher" means a Government servant by whatever designation called, appointed for the purposes of teaching in an educational institution run by the Government including technical or medical education institution in accordance with the recruitment rules applicable to such appointment and shall also include the teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years.
6. In this case, it has to be seen whether engagement of the petitioner in the Jail Department would be an appointment on the post of teacher in the educational institution including technical or medical education institution in the light of the Explanation amended and attached to the said provision by the Amended Act No. 23 of 1987. There is no dispute in the present case that the petitioner was engaged as a teacher in the Jail Department. Further, it cannot be accepted that the Jail Department is an educational institution including the technical or medical education institution. The Explanation which has been attached to the said provision explains the meaning of the word "teacher". Merely because the petitioner is a teacher in the Jail Department he cannot be said to be a teacher employed in the educational institution including the technical or medical education institution.
7. Learned Counsel for the petitioner heavily relied upon the Division Bench judgment passed by this Court in Maina Swamy v. Stale of Madhya Pradesh and Ors. 1988 MPLJ 196. The said judgment shall have no application in the present case because the petitioner in that case was employed as a Principal of Lady Health Visitors Promotee School, which was formerly known as Public Health Orientation Training School. The said institution was and is providing training to the Lady Health Visitors and Auxiliary Nurse-Midwives and on that basis it was held by the Division Bench of this Court that the said institution was treated to be a medical education institution and thereby, by explaining the meaning of the word Medical Education Institution, the Division Bench came to conclusion that institution which is imparting training and teachers those who are teaching therein in view of the Explanation attached shall be entitled to continue in service till they reach the age of 60 years. Thus, the said Division Bench judgment on which heavy reliance has been placed has no application in the present case.
8. To ascertain the Jail Department for the purposes of its nature and institution it will be appropriate to refer to the definition of the word "prison" in The Prisons Act, 1894. The Section 3(1) defines the word "prison", which means as under:
(1) "prison" means any jail or place used permanently or temporary under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include:
(a) any place for the confinement of prisoners who are exclusively in the custody of the police;
(b) any place specially appointed by the State Government under Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882); or
(c) any place which has been declared by the State Government by general or special order, to be a subsidiary jail.
According to the said definition, the word "prison" means any jail used permanently or temporary for the detention of prisoners and includes all lands and building appurtenant thereto. Thus, the nature of the institution itself indicates that it is a place meant for the detention of the prisoners. Keeping in view the said definition the Jail cannot be said to be a place or institution for imparting the education. It may be different that incidentally the prisoners arc being educated as an activity in the jail but that will not have an effect of converting the prisons into an educational institution.
9. In the present case, the petitioner was employed by the Jail Department for the purposes of imparting training to the prisoners. The Jail Department, under the circumstances, cannot be said to be an educational institution including the technical or medical education institution so that by extending the meaning of the Explanation attached to the said provision referred to hereinabove it would be applicable to the petitioner. Under the circumstances, the petitioner even though being a teacher but is not employed in the educational institution including technical or medical institution, has no right to continue till he reaches the age of superannuation of 60 years.
10. Accordingly, no fault can be found in retiring the petitioner on reaching the age of 58 years. On the basis of the discussion hereinabove, the present petition is without any merit and is dismissed.