Madhya Pradesh High Court
Shiv Kumar Mishra vs The State Of Madhya Pradesh on 17 January, 2018
1
HIGH COURT OF MADHYA PRADESH
WP No.1269/2018
(Shiv Kumar Mishra v. State of MP & Others)
Gwalior, Dated : 17.01.2018
Shri B.S. Dhakad, learned counsel for the petitioner.
Smt. Sangeeta Pachauri, learned Government
Advocate for the respondents no. 1 to 3-State.
Heard.
Petitioner has filed this petition being aggrieved by communication dated 23.12.2017 made by the Chief Medical and Health Officer, Datia, whereby it has been communicated to the petitioner that since his date of birth is 05.01.1958 and he is working as Lab. Technician, he will attain the age of superannuation on 31.01.2018 and shall superannuate on 31.01.2018 (afternoon).
2. Learned counsel for the petitioner submits that as per the provisions contained in Gazette Notification dated 06.05.2011, whereby Madhya Pradesh Shaskiya Sewak (Adhivarshiki-Ayu) Adhiniyam, 1967 has been amended and Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 has been enforced, the age of superannuation of Lab. Technician has been enhanced treating him to be a Government Teacher. He has placed reliance on the Explanation furnished in regard to definition of "Government Teacher" and submits that accordingly the petitioner is entitled to an enhanced age of superannuation and he cannot be superannuated at the age of 60 years. He has also placed reliance on the decision of this Court in the case of Revati Raman Shukla v. State of Madhya Pradesh passed in WP No.17961/2014, whereby in a case of Lab. Technician since in Government Ayurved College, Rewa, the petitioner was permitted to continue upto 2 HIGH COURT OF MADHYA PRADESH WP No.1269/2018 (Shiv Kumar Mishra v. State of MP & Others) the age of 62 years as per the amendment in Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 1998, whereby the age of Teacher was enhanced from 60 to 62 years.
3. Learned Government Advocate, on the other hand, submits that the petitioner will not fall in the definition of Teacher as has been defined in Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011, inasmuch as it reads as under :-
"Explanation.-- For the purpose of this clause, a "Government Teacher" means a Government Teacher by whatever designation called, appointed to a post, other than to the post of Librarian or a Physical Training Instructor or a Programmer or an Assistant Workshop Superintendent or a Videographer or a System Analyst Grade-III or a Cameraman or an Artist or an Assistant Surgeon mentioned under Schedule-II of the Madhya Pradesh Technical Education Polytechnic College (Teaching Cadre) Service (Recruitment) Rules, 2004, for the purpose of teaching in a Government educational institution in accordance with the recruitment rules applicable to such appointment, who not only possesses all the qualifications prescribed by the All India Council for Technical Education for the post he holds but is also involved in class room teaching and shall also include a 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 post in the concerned Government educational 3 HIGH COURT OF MADHYA PRADESH WP No.1269/2018 (Shiv Kumar Mishra v. State of MP & Others) institution."
and, therefore, he is not entitled to the enhanced age of superannuation.
4. Learned counsel for the petitioner has failed to controvert this Explanation and to point out that the petitioner is in fact a Government Teacher in terms of the Explanation mentioned in the Notification dated 06.05.2011 and as the petitioner has failed to point out that he is a Teacher in terms of the aforesaid Explanation, the petitioner is not entitled to the enhanced age of retirement. Thus, the petition fails and is hereby dismissed.
(Vivek Agarwal) Judge Mehfooz/-
MEHFOOZ AHMED 2018.01.18 16:56:24 +05'30'