aw» Cf»w/,_~ IN THE HIGH COURT OF JUDICATURE AT BILASPUR IC.G. WRIT PETITION §Sj NO. lggL [2011 PETITIONER / Dr. D.R.Pate1 S/o late Sri pinwdar Lal Aged—about 62 years, R/o 21 Kelo Vihar colony, Raigarh, Distt;- Raigarh [C.G.] ' 4' VERSUS RRSPONDENTS / LState of Chhattisgarh through Sccretary, Higher Education department, D.K.S.Bhawa_n Raipur, Distt.- Raipur [C.G._] [K /’2. Commissioner, Higher Education Department, Government Science College Campus, Raipur, Distt.- , Raipur [C.G.} /'3.V University Grant Commission Through- Secretary, Bahadur Sah Zafar Marg, New Delhi 1 100.02 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT, ORDER OR DIRECTIONS M @ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. 1591 of2011 WRIT PE'I‘ITON UNDER ARTICLE 226 OF THE CONSTITUHON OF INDIA Coram : Hon’ble Shri Satish Ix Agnihotri & Hon’bk Shri Radhe Slxvam Shanna. JJ. Present: Shri Sanjav Patel Advocate for the petitioner Shri M.P.é.Bhati$, Deputy Government Advecate for the Statef Respondent No. 1 and 2. ORDERjORAL’) (Passed on 10m day of May, 20 11) The petitioner challenges the provisions of section 2(1-a) of the ‘ Madhya l’radesh Shashkiya Sevak (AdhivarshikivAyu) Adhiniyam, 1967 wherein it is provided thai subject to the provisions of sub- mle (2), every Govemment Teacher shall retire from service on the ailernoon ofthe last day ot‘the month in which he attains the age of sixty two years: provided that a Government Teacher Whose date ofbirth is the first ofa month shall retire from servioe on the afternoon ofthe last day ofthe preceding month on attaining the age of sixty two years, on the ground of being not in consonance with the circular dated 31.12.2008 of Ministry of Human Resources Development, Government of India. The Government of India: Ministry ofHuman Resources Development, Department of Higher Education, vide its eircuiar dated 31.12.ZOO$ (Aimeimre PE’l‘l'l‘IONER z Dr. DARPateli VERSUS RESPONDENTS : State of Chhattisgarh & Others. ‘tv P/S) provides under clause 8(t), that in order to meet the situation arising out of sho1tage of teachexs in Univemities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teachers 'in Central Education Institutions has already been enhanced to sixty five years. The petitioner claims enhancement in the age of superannuation of the teachers in the State Govermnent upto 65 years, also. 2. Shri Bhatia, learned counsel appearing for the State/respondent No. 1 and 2 submits that the issue, as aforestated, is under consideration before the State Government and as such, this V L petition is premature. 3. In view ofthe above submission, Shri Patel submits that nothing survives in this petition for the time being. 4. Accordingly, the writ petition is dismissed. No order asto costs. u _ Sd/- Sd/- j l Satish K. Agnihotri ‘ ! k RADI-E SHYAM SHARMA ' Judge . Judge