1 W.P No.14386/2011(S) HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.14386/2011 (S) PETITIONER : KU. SIKANDAR SABANA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19676/2011 (S) PETITIONER : SMT. SAROJ SHRIVASTAVA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.20040/2011 (S) PETITIONER : MADHAV SINGH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.20331/2011 (S) PETITIONER : JAGANNATH SAKET Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18519/2011 (S) PETITIONER : SHIVNAND PRASAD SAKET Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 2 W.P No.14386/2011(S) WRIT PETITION NO.18584/2011 (S) PETITIONER : SHIV KUMAR TIWARI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18586/2011 (S) PETITIONER : SURYA BALI PANDEY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18637/2011 (S) PETITIONER : ARUN KUMAR NEMA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18643/2011 (S) PETITIONER : RAM SWAROOP TRIPATHI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18644/2011 (S) PETITIONER : RAMNIVAS FOUJDAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 3 W.P No.14386/2011(S) WRIT PETITION NO.18646/2011 (S) PETITIONER : D. P. CHOUDHARI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18652/2011 (S) PETITIONER : ASHOK KUMAR PANDEY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18654/2011 (S) PETITIONER : KU. PUSHPLATA SALVE Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18714/2011 (S) PETITIONER : SMT. PUSHPA RAJPUT Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18717/2011 (S) PETITIONER : CHHOTELAL THAKUR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 4 W.P No.14386/2011(S) WRIT PETITION NO.18744/2011 (S) PETITIONER : DILIP KUMAR MISHRA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18746/2011 (S) PETITIONER : SMT. FEROZA KHATOON Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18755/2011 (S) PETITIONER : HEMCHAND RAI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18802/2011 (S) PETITIONER : SMT. SHASHI PRADHA SHRIVASTAVA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18828/2011 (S) PETITIONER : PANCHARAM CHOUDHARY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 5 W.P No.14386/2011(S) WRIT PETITION NO.18834/2011 (S) PETITIONER : GULAB RAO KICHEKAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18838/2011 (S) PETITIONER : BANSH BAHADUR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18846/2011 (S) PETITIONER : SAMPATI KUMAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18847/2011 (S) PETITIONER : DEVENDRA BHADUR SINGH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18852/2011 (S) PETITIONER : GORELAL SINGH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 6 W.P No.14386/2011(S) WRIT PETITION NO.18856/2011 (S) PETITIONER : DADU DAYAL PATHAK Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18864/2011 (S) PETITIONER : BRIJ BHUSHAN SHARMA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18876/2011 (S) PETITIONER : FAKHURUDDIN SHEESHGAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18881/2011 (S) PETITIONER : RAJENDRA SINGH SIKARWAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18895/2011 (S) PETITIONER : SHRINIWAS TIWARI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 7 W.P No.14386/2011(S) WRIT PETITION NO.18907/2011 (S) PETITIONER : RAM SIROMAN PANDEY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18910/2011 (S) PETITIONER : MAHESH PRASAD MISHRA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18936/2011 (S) PETITIONER : KUNJ BIHARI BAJPAYEE Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18937/2011 (S) PETITIONER : KIDDU LAL PRAJAPATI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18941/2011 (S) PETITIONER : KRISHNA DEV MISHRA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 8 W.P No.14386/2011(S) WRIT PETITION NO.18988/2011 (S) PETITIONER : RAJESHWAR PRASAD SHUKLA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18992/2011 (S) PETITIONER : RAMLAKHAN GUPTA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.18995/2011 (S) PETITIONER : VAIDYANATH PANDEY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19113/2011 (S) PETITIONER : MAHESH PRASAD MISHRA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19123/2011 (S) PETITIONER : KU. SITA AGRAWAL Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 9 W.P No.14386/2011(S) WRIT PETITION NO.19146/2011 (S) PETITIONER : RAJENDRA KUMAR SHRIVASTAVA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19213/2011 (S) PETITIONER : SMT. VINOD GUPTA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19218/2011 (S) PETITIONER : CHANDRAPRABHA KHARE Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19269/2011 (S) PETITIONER : RAMCHANDRA GAUTAM Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19293/2011 (S) PETITIONER : B. M. SHUKLA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 10 W.P No.14386/2011(S) WRIT PETITION NO.19328/2011 (S) PETITIONER : NANDLAL PANDEY Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19364/2011 (S) PETITIONER : SMT. KAMLESH SHRIVASTAVA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19380/2011 (S) PETITIONER : RAMKUMAR JOHRI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19381/2011 (S) PETITIONER : NASIR BAKSH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19448/2011 (S) PETITIONER : VIJAY KUMAR RAJAK Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 11 W.P No.14386/2011(S) WRIT PETITION NO.19532/2011 (S) PETITIONER : SUKEERTI KUMAR NIGAM Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19535/2011 (S) PETITIONER : KAMLA PRASAD NIGAM Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19538/2011 (S) PETITIONER : TRIVENI PRASAD SAKET Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19596/2011 (S) PETITIONER : SHOBHNATH SINGH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19620/2011 (S) PETITIONER : ADITYA PRASAD SHARMA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 12 W.P No.14386/2011(S) WRIT PETITION NO.19639/2011 (S) PETITIONER : RAM KISHORE GUPTA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19640/2011 (S) PETITIONER : SHRIPAL SINGH Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.20156/2011 (S) PETITIONER : UMA KUMARI RAIKWAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19647/2011 (S) PETITIONER : HIRAMANI DIPANKAR Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. WRIT PETITION NO.19973/2011 (S) PETITIONER : SMT. VEENA DEVI MANE Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. 13 W.P No.14386/2011(S) WRIT PETITION NO.18935/2011 (S) PETITIONER : ARJUN KEWAT Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the petitioners : Shri Ashok Pali, Shri A. P. Shah, Shri Mahendra Choubey, Shri S. P. Tiwari, Shri Jitendra Tiwari, Shri Rajesh Dubey, Shri Anirudh Pandey, Shri Manoj Rajak, Shri S. K. Singh, Shri Amit Singh, Shri V. P. Singh, Shri R. P. Mishra, Shri D.P. Choubey, Shri Ashok Kumar Mishra, Shri Shakti Soni, Shri Satish Srhviastava, Shri Gulraj Rajput, Shri Benod Tiwari, Shri O.P. Tripathi, Shri Amit Choudhary, Shri K. P. Singh, Shri Jitendra Arya, Shri Rakesh Singh, Shri Dharmendra Kumar Pandey, Advocates. For respondents : Shri P. K. Kaurav, Dy. Advocate General. -------------------------------------------------------------------------------- O R D E R (01/12/2011) All the aforesaid petitions involve common and identical issues, they are, therefore, heard and decided conjointly and concomitantly. 1. In the aforementioned petitions the petitioners, who are all teachers working in various Government schools, are assailing the communications received by them on 14 W.P No.14386/2011(S) various dates informing them that they shall be superannuated from service on attaining the age of 62 years. 2. The contention of the petitioners before this Court is that they are entitled to continue in service upto the age of 65 years in view of the amendment made by the State Government by the notification published in the M.P. Gazette (Extraordinary) dated 6.5.2011 amending the provisions of the M.P. Shashkiya Sewak (Adhiwarshik- Aayu) Adhiniyam, 1967 (hereinafter referred to as the 'Adhiniyam of 1967') by the M.P. Shashkiya Sewak (Adhiwarshik-Aayu) Sanshodhan Adhiniyam, 2011 (hereinafter referred to as the Sanshodhan Adhiniyam of 2011), (Amending Act No.20/2011), whereby it is asserted that their age of superannuation has been enhanced from 62 to 65 years. 3. It is submitted by the learned counsel for the petitioners that the State by way of the aforesaid amendment in the Adhiniyam of 1967 has increased the age of superannuation of teachers to 65 years but the respondent authorities are totally ignoring the aforesaid amendments and are superannuating the petitioners on attaining the age of 62 years although they are entitled 15 W.P No.14386/2011(S) to continue in service upto the age of 65 years thereby illegally depriving the petitioners of the benefit of the amended provisions. 4. At this stage, it is pertinent to note that some other petitions, filed earlier, had been disposed of by this Court with a direction to the respondent authorities to consider and decide the representation filed by the petitioners therein claiming extension of the age of superannuation to 65 years. Pursuant to the directions issued by this Court the State Government by order dated 31.10.2011 rejected the representation filed on the basis of the directions issued by this Court in W.P No.17532/2011 and the district level authority by order dated 29.10.2011 passed pursuant to the directions issued by this Court in W.P No.18179/2011, has also rejected the representations filed by the petitioner on the ground that the extension of age of superannuation by the Sanshodhan Adhiniyam of 2011 is not applicable to the petitioners therein and, therefore, the respondents have filed returns before this Court relying upon the orders of rejection dated 31.10.2011 in some of the present petitions. However, subsequently, as W.P No.19328/2011 and other matters have also been filed assailing the order dated 31.10.2011 and 29.10.2011 16 W.P No.14386/2011(S) rejecting the representation by the authorities, this Court had directed the State to file a detailed reply which has been filed by them in W.P No.14386/2011 (S) and has been adopted in all other cases. 5. It is submitted by the learned Dy. Advocate General appearing for the respondent/State that the State, with a view to overcome the shortage of certain Government servants including teachers in Technical and Medical Colleges, has made the amendment in the Adhiniyam of 1967 clearly specifying therein that the extended age of 65 years for superannuation would be applicable only to certain category of Government servants and teachers. It is submitted that a proper reading of the amendment itself makes it clear that the age of superannuation of School Teachers has not been increased and still remains to be 62 years and in such circumstances the claim of the petitioners seeking benefit of the extended age of superannuation of 65 years is misconceived and deserves to be rejected. 6. To properly appreciate the rival contentions of the learned counsel for the parties, it is apposite to take into consideration the statement of objects and reasons of the Sanshodhan Adhiniyam of 2011 as well as the unamended provisions of the Adhiniyam of 1967. 17 W.P No.14386/2011(S) 7. The statement of objects and reasons for making the amendments in the Adhiniyam of 1967 as published in the M.P. Gazette (Extraordinary) dated 6.5.2011 is as follows:- “Statement of Objects and Reasons: Presently, the age of superannuation of every member of Madhya Pradesh Public Health and Family Welfare (Gazetted) Service appointed to a Medical post mentioned in Schedule-I to the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988 is 62 years, the age of superannuation of every Government Nurse appointed to a post shown under Group “C” Nursing Services in Schedule I to the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 2007 and under Schedule I to the Madhya Pradesh Public Health and Family Welfare Department (Directorate of Health Services) Class III Nursing Services Recruitment Rules, 1989 and under College of Nursing, Indore in Schedule I of the Madhya Pradesh Medical Education (Gazetted) Services Recruitment Rules, 1987 and every member of Madhya Pradesh Medico Legal Institute (Gazetted) Service, other than a Senior Forensic Specialist (Non- Medical), Junior Forensic Specialist (Non- Medical) and Medical Officer (Non-Medical), appointed to a medical post mentioned in the 18 W.P No.14386/2011(S) Schedule I to the Madhya Pradesh Medico Legal Institute (Gazetted) Service Recruitment Rules, 1987 is 60 years. Of late, Government has been faced with an acute shortage of the above category of officers. With a view to cope up with the above shortage, Government proposes to increase the age of superannuation of the above category of officers to 65 years by amending the M.P. Shashkiya Sewak (Adhiwarshik- Aayu) Adhiniyam, 1967 (No.29 of 1967) suitably. 2. Government has decided to revise the pay scales of Government teachers of Government Colleges, Engineering Colleges and Polytechnic Colleges of the State, on the basis of recommendation of University Grants Commissions and All India Council for Technical Education with effect from 1st January 2006. In order to attract eligible persons to the teaching career and retain teachers in service for a longer period, both the institutions have also recommended to raise the superannuation age of all such Government teachers, other than teachers appointed to the post of a Librarian or a Physical Training Instructor or a Programmer or Assistant Workshop Superintendent or Videographer or System Analyst Grade-III or Cameraman or Artist or Assistant Surgeon, who are involved in class room teaching, from 62 to 65 years. To implement this 19 W.P No.14386/2011(S) recommendation Government has also decided to raise the age of superannuation of the above mentioned category of Government teachers working in Government Colleges, Engineering Colleges and Polytechnic Colleges of the State from 62 years to 65 years by amending the M.P. Shashkiya Sewak (Adhiwarshik-Aayu) Adhiniyam, 1967 (No.29 of 1967) suitably.” 8. A bare reading of the statement of objects and reasons makes it clear that the State, with a view to overcome the shortage of nurses and other trained medical and medico legal staff, has made the amendment in the Adhiniyam of 1967. It is also clear that as the State Government had decided to revise the pay scale of Government teachers of Government Colleges, Engineering Colleges and Polytechnic Colleges on the basis of the recommendation of the University Grants Commission and All India Council for Technical Education and, therefore, with a view to attract eligible persons and to retain such teachers in service for a longer period have also decided to increase the age of superannuation of such teachers of Colleges and Technical Institutions to 65 years except Librarian, Physical Training Instructor, Programmer, Assistant 20 W.P No.14386/2011(S) Workshop Superintendent, Videographer, System Analyst Grade-III, Cameraman, Artist and Assistant Surgeon. 9. From a perusal of the provisions of the Adhiniyam of 1967 as amended upto 2007, it is apparent that the age of superannuation, prevailing prior to the Amendment of 2011, of a Government servant as prescribed by Rule 56(1) of the Fundamental Rules was 60 years while that of Government teachers was 62 years under Fundamental Rules 56(1-a). Unamended provisions of Section 2 of the Adhiniyam of 1967, as they stood prior to the amendment made in the said Section by the Sanshodhan Adhiniyam of 2011, is as under:- “2. Amendment of Fundamental Rules.- For Rule 56 of the Fundamental Rules applicable to State of Madhya Pradesh as substituted by section 3 of the Madhya Pradesh Shaskiya Sevak Anivarya Seva Nivritti Ka Vidhi Manyatakaran Adhiniyam. 1967 (No. 5 of 1967) (hereinafter referred to as the said Act') the following Rule shall be substituted namely :- [F.R. 56. Age of superannuation.- (1) Subject to the provision of sub-rule (2) [every Government servant other than a Government teacher, a Class IV Government servant, every member of the Madhya Pradesh Public Health and Family Welfare 21 W.P No.14386/2011(S) (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1998 and every member of the Madhya Pradesh Medical Education (Gazetted) Service appointed to a Medical teacher post mentioned in Schedule I to the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 1997] shall retire from service on the afternoon of the last day of the month in which he attain the age of sixty years: Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years. [(1-a) Subject to the provisions of sub-rule (2), every Government teacher shall retire from service on the afternoon of the last day of the month in which he attains the age of sixtytwo years: Provided that a Government teacher whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixtytwo years. Explanation.-For the purpose of this sub- rule "Teacher” means a Government servant by whatever designation called, 22 W.P No.14386/2011(S) appointed for the purpose of teaching in a Government educational institution including Technical institutions, in accordance with the recruitment rules applicable to such appointment and shall also include the 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 school/Collegiate/Technical education services.] [(1-b) Subject to the provisions of sub-rule (2), every Class IV Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixtytwo years: Provided that a Class IV Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixtytwo years.] [(1-c) Subject to the provisions of sub-rule (2), every member of the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service appointed to a medical post mentioned in Schedule I to the Madhya Pradesh Public Health 23 W.P No.14386/2011(S) and Family Welfare (Gazetted) Service Recruitment Rules, 1988 shall retire from service on the afternoon of the last day of the month in which he attain the age of sixtytwo years: Provided that a member of the Madhya Pradesh Public Health and Family Welfare (Gazetted) Services appointed to a medical post mentioned in Schedule I to the Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixtytwo years. Explanation.-For the purpose of this sub-ru! e "a member of the Madhya Pradesh Public Health and Family Welfare (Gazetted) Services” means a Government servant by whatever designation called, appointed as Medical Officer or Specialist in accordance with the recruitment rules and shall also include such Medical Officer who is appointed to administrative post by promotion or otherwise and who has served as Medical Officer or Specialist for not less than twenty years provided he holds a lien on a post in the 24 W.P No.14386/2011(S) concerned Madhya Pradesh Public Health and Family Welfare (Gazetted) Services. [(1-d) Subject to the provisions of sub-rule (2), every member of the Madhya Pradesh Medical Education (Gazetted) Service (Excluding general duty Medical Officer, Assistant Superintendent of Teaching Hospital and Dental Surgeon) appointed to a Medical teacher post mentioned in Schedule I to the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 1987 shall retire from service on the afternoon of the last day of the month in which he attains the age of sixtyfive years: Provided that a member of the Madhya Pradesh Medical Education (Gazetted) Service (Excluding general duty Medical Officer, Assistant Superintendent of Teaching Hospital and Dental Surgeon) appointed to a Medical teacher post mentioned in Schedule I to the Madhya Pradesh Medical Education (Gazetted) Service Recruitment Rules, 1987, whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixtyfive years. 25 W.P No.14386/2011(S) Explanation.-For the purpose of this sub- rule "a member of the Madhya Pradesh Medical Education (Gazetted) Service” means a Government servant by whatever designation called, appointed for the purpose of teaching in Government Medical College, in accordance with the recruitment rules applicable to such appointment and shall also include the Medical 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 Medical Education Service. (2)[(a) A Government servant, in the public interest be retired at any time after he has completed 20 years, qualifying service, or he attains the age of 50 years, whichever is earlier without assigning any reason by giving him a notice in writing.] (b)The period of such notice shall be three months: Provided that such Government servant may be retired forthwith and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the 26 W.P No.14386/2011(S) notice at the same rates at which he was drawing them immediately before his retirement or, as the case may be, for the period by which such notice falls short of three months.]” 10. By the impugned amendment, the following amendments have been made in Section 2 of the Adhiniyam of 1967. “2. Amendment of Fundamental Rule 56 as substituted by section 2 of the Madhya Pradesh Act No. 29 of 1967.- In Section 2 of the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 (No. 29 of 1967), in rule 56 of the Fundamental Rules:-- (i) for sub-rule (1), the following sub-rule shall be substituted, namely:-- "(1) Subject to the provisions of sub- rule(2),every Government Servant other than a Government Servant mentioned in sub-rules (1-a), (1-b), (1-c), (1-d), (1- e). (1-f), (1-g), (1-h), (1-i) and (1-j), shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years: Provided that a Government Servant other than a Government servant mentioned in sub-rules (1-a), (1-b), (1-c). (1-d), (1- e). (1-f), (1-g), (1-h), (1-i) and (l-j) whose date of birth is the first of a month shall 27 W.P No.14386/2011(S) retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.”; (ii) for sub-rule (1-a), the following sub-rule shall be substituted, namely :- “(1-A) Subject to the provisions of sub- rule(2) every Government Teacher other than a Government Teacher mentioned in sub-rules (1-g),(1-h) and (1-i), shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty two years: Provided that a Government Teacher other than a Government Teacher mentioned in sub-rules (1-g), (1-h), and (1-i) whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty two years. Explanation.-For the purpose of this sub- rule, "Government Teacher" means a Government Teacher, other than a Government Teacher mentioned in sub- rules (1-g), (1-h) and (1-i) by whatever designation called, appointed for the purpose of teaching in a Government educational institution, in accordance with the recruitment rules applicable to such appointment and shall also include 28 W.P No.14386/2011(S) the 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 Institution.” (iii) sub-rule (1-c), shall be renumbered as clause (a) thereof and in clause (a) as so renumbered, for the figures "62" and the words "sixty two" wherever they occur, the words "sixty five" shall be substituted, and after clause (a) as so renumbered, the following new clause shall