Madhya Pradesh High Court
Miss. Suman Namdeo vs The State Of Madhya Pradesh on 23 February, 2026
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 WP-47800-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 47800 of 2025
(MISS. SUMAN NAMDEO Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 23-02-2026
Ms. Ghuncha Rasool - Advocate for the petitioner.
Ms. Supriya Singh - Govt. Advocate for the State.
Petitioner has filed this writ petition under Article 226 of the
Constitution of India challenging order dated 28.11.2025 passed by
respondent no.5 by which she was superannuated on 28.2.2026 on attaining
the age of 62 years.
2. Counsel appearing for the petitioner submitted that petitioner was appointed as Para Medical Staff on 6.1.2003 and working as Mahila Ayurved Swasthya Karya Karta. Services of petitioner were regularized vide order dated 19.6.2009. It is submitted by counsel for the petitioner that as per Madhya Pradesh Shaskiya Sevak (Adhivarshiki Aayu) Sanshodhan Adhiniyam, 2011, Ayush Doctors and Para Medical Staffs are to retire at the age of 62 years. Apex Court in Civil Appeal No. 4578/2021 held that Ayush Doctors are entitled to be retired at the age of 65 years. Such relief has also been granted to Nurses by Division Bench in its order dated 7.10.2021 in case of Smt Shashibala Chouhan Vs. State of M.P. and others . It is submitted that case of petitioner is identical. Various representations have been made but said representations have not been decided. It is submitted that direction be issued to respondents to allow petitioner to work till the age of 65 years.
3. Govt. Advocate for the State submitted that petitioner is Labour Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 3/17/2026 4:18:47 PM 2 WP-47800-2025 Room Attendant which is Class III post. Vide ordinance notification dated 31.3.2018, the retirement age of Class III employee has been fixed to 62 years. In accordance with notification dated 31.3.2018, petitioner was retired on attaining the age of 62 years. There is no basis why petitioner can be permitted to continue up to age of 65 years in service. Petitioner is para medical staff in Ayush Department and is not covered under the amendment. It is further submitted that case laws which are relied upon by counsel for the petitioner arises from judgments passed by High Court and Apex Court are in relation to Doctors and Staff Nurses of Alopathy Department and not to Ayush Department. In view of same, writ petition may be dismissed.
4. Heard learned counsel for the parties.
5. Advocate General is directed to place before this Court approval of Madhya Pradesh Ordinance No. 4 of 2018 issued on 31.3.2018 or subsequent Act or Rules which has been framed by Legislature or by Competent Authority governing the field.
List this matter in the week commencing from 20.4.2026.
(VISHAL DHAGAT) JUDGE AD/ Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 3/17/2026 4:18:47 PM