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Supreme Court - Daily Orders

The State Of Madhya Pradesh School ... vs Padam Kumar on 21 August, 2017

Bench: Adarsh Kumar Goel, Uday Umesh Lalit

                                                                1

     ITEM NO.14                                    COURT NO.11                         SECTION IV-A

                                      S U P R E M E C O U R T O F                 I N D I A
                                              RECORD OF PROCEEDINGS

                                               Diary No(s). 16257/2017

     (Arising out of impugned final judgment and order dated 23-11-2015
     in WA No. 00499/2014, 21-10-2016 in RP No. 232/2016 passed by the
     High Court Of Madhya Pradesh At Indore)

     STATE OF MADHYA PRADESH & ORS.                                               Petitioner(s)

                                                               VERSUS

     PADAM KUMAR                                                                    Respondent(s)

     (With Interim Relief and IA No.72761/2017-CONDONATION OF DELAY IN
     FILING and IA No.72762/2017-CONDONATION OF DELAY IN REFILING)

     Date : 21-08-2017 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                              HON'BLE MR. JUSTICE UDAY UMESH LALIT

     For Petitioner(s)                       Mr. Mishra Saurabh, AOR
                                             Mr. Ankit Kr. Lal,Adv.

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                           O R D E R

It is pointed out that the High Court has failed to follow the earlier Order of the High Court dated 30 th January, 2014 in W.P.No.13763 of 2013, whereby the learned Single Judge has observed that a person who has served for 20 years as a teacher is entitled to higher retirement age of 62 years. The respondent has himself accepted that he had served only for 15 years.

In these circumstances, this aspect ought to be considered by Signature Not Verified the High Court afresh. The petitioner-State of Madhya Digitally signed by MAHABIR SINGH Pradesh is at liberty to move an application before the High Date: 2017.08.22 10:30:59 IST Reason:

Court to that effect.
We also observe that the State may reconsider whether there is any rational in having a classification of having 2 higher age of retirement on the ground that a person has rendered 20 years in service. Decision on this aspect may be taken within one month.
The special leave petition is accordingly disposed of. Pending applications, if any, shall also stand disposed of.


(MAHABIR SINGH)                                 (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                        COURT MASTER