Madhya Pradesh High Court
Makunda Ahirwar vs The State Of Madhya Pradesh on 3 July, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 3 rd OF JULY, 2023
WRIT PETITION No. 1144 of 2021
BETWEEN:-
MAKUNDA AHIRWAR S/O LATE SHRI SURA AHIRWAR,
AGED ABOUT 53 YEARS, OCCUPATION: CLASS IV
EMPLOYEE (MINE LABOURER) M.P. STATE MINING
CORPORATION LTD. HIRAPUR ROCK PHOSPHATE
MINES SATAR M.P. 387, VILLAGE HIRAPUR UP TEH.
SHAHGARH TEH. BANDA. DISTT. SAGAR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ROHAN HARNE - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THRO. THE
SECRETATRY MINING DEPARTMENT VALLABH
BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)
2. THE MP STATE MINING CORPORATION LTD.
THROUGH MANAGING DIRECTOR BOOK NO. 1 A
2ND FLOOR PARYAWAS BHAWAN JAIL ROAD
ARERA HILLS (MADHYA PRADESH)
3. THE MINE MANAGER MP STATE MINING
CORPORATION LTD. SUB OFFICE BEHIND SHRI
ASHARAM BAPU SHRI KRISHAN NAGAR
MAKRONIA (MADHYA PRADESH)
.....RESPONDENTS
( SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE
RESPONDENT NO.1/STATE AND SHRI ADITYA KHANDEKAR - ADVOCATE
FOR RESPONDENTS NO.2 & 3)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 7/7/2023 6:04:23 PM 2 seeking following reliefs:-
7.1 That, this Hon'ble Court be pleased to quash and set aside the impugned order/communication dated 08.01.2021 (Annexure P-1) and allow the petitioner to continue in service till he attains the age of 62 years. 7.2 Any other writ which this Hon'ble Court deems fit and proper may also be granted to the petitioner.
2. It is submitted by the counsel for the respondent No.2 that the case of the petitioner is that the age of superannuation is 62 years and not 60 years and he has been retired on attaining the age of 60 years. However, the co-ordinate Bench of this Court by order dated 08.02.2023 passed in the case of Hira Ahirwar Vs. State of M.P. & Others in W.P.No.16880/2022 has already held that the age of superannuation of Class-IV employees working in the Mining Corporation is 60 years and not 62 years. Accordingly, it is submitted that the petition is covered by the order passed by a co-ordinate Bench of this Court in the case of Hira Ahirwar (Supra)
3. Faced with such a situation, the counsel for the petitioner also submitted that even otherwise for all practical purposes, this petition has rendered infructuous because even it is held that the petitioner was entitled to continue upto the age of 62 years, still he has attained the said age also.
4. Considered the submissions made by the counsel for the parties.
5. The co-ordinate Bench of this Court in the case of Hira Ahirwar (Supra) had passed the following order:-.
After hearing learned counsel for rival parties, this Court is of the considered view that petition deserves to be dismissed for reasons infra: (i) Petitioner appears to be labouring under the misconception that age of superannuation which was enhanced from 60 Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 7/7/2023 6:04:23 PM 3 to 62 years for civil post holders automatically applies to daily wagers; (ii) Daily wage Class IV employees are not governed by any statutory provision but their services are governed by the Standing Orders; (iii) Enhancement in the age of superannuation applicable to civil post holders is inapplicable to daily wager. (iv) The provision of Standing Orders clearly provide that age of superannuation would be 60 years and; therefore, daily wagers who do not hold any civil post will invariably retire on attaining the age of 60 years. (v) In the instant case, petitioner attained the age of 60 years on 03.08.2022 (Annexure P/1) and has been rightly retired on attaining the age of superannuation on the said date vide Annexure P/1.
6. Thus, it is clear that the petitioner after attaining the age of 60 years was rightly retired.
7. Under these circumstances, no case is made out warranting the interference.
8. The petition fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 7/7/2023 6:04:23 PM