IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATISGARHI $‘awiea— mm w. P. No.4’ G @501? 2003 PETITIONER Shn’ Krishna Sharma, S/o Late Badri Prasad Sharma, Aged about 59 years, Occupation — Service, Presently posted as Supdt. O2. The Commissioner, Land Records, Chhattisgarh, Raipur. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI MANDAMUS PROHIBITION D AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR IRECTIONS, ORDER OR ORDERS: petitioner, above—named e ’ ARTICULARS OF THE PETITIONER: s mentioned in the Cause Title above. a . gii RTICULARS OF THE RESPONDENTS: u J g V‘” As mentioned in the Cause Title above. P x ’ g‘SZggVv Q3$¢y . Land Records, Settlement Department and presently “.d" Attached with the Deptt. or 3* “(\v"c$a"' Revenue, Government of sok «Eqgz‘v ‘wa‘ . ‘e’, ”gs“ ”w Chhattisgarh, Raipur [c.G] v E R s U s RESPONDENTs [£01. State or Chhattisgarh </ Through Secretary, Deptt.of I Revenue, Mantralaya,D.K.S. Bhawan, Raipur [0G] HIGH COURT OF CHHATTISGARH AT BILASPUR \ WRIT PETITION (S) N0. 1665 0f2003 : Shri Krishna Sharma. VERSUS . RESPONDENTS : State of Chhattisgarh & another. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA i ’ SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Akhilesh Dalpati, Advocate for the petitioner. Shri Alok Bakshi, Government Advocate for the State/respondents. ~ ORAL ORDER (Passed on 23a day of March, 2010) By this petition, the petitioner seeks a direction to the respondents to extend the age of superannuation of the petitioner from 60 years to 62 years in View of the circular dated 26.09.1972 (Annexure P/9). 2. The facts, in brief, relevant for adjudication of this case, are that the petitioner was initially appointed as Lower Division Teacher on 28.08.1961 in the School Education Department. While working as teacher, the petitioner was selected for appointment‘on the post of Assistant Superintendent, Land Records (for short ‘ASLR’) vide order dated 19.08.1981, through the regular and open examination conducted by the Public Service Commission. After selection on the post of ASLR, the petitioner tendered his resignation from the post of Lower Division Teacher on 7.9.1981 which was duly accepted and the petitioner was relieved from service of the School Education Department w.e.f. 9.9. 1981. Thereafter, the petitioner was promoted to the post of SLR on 30.06.1993 (Annexure P/3). On 04.07.2002 (Annexure P4), the petitioner made a representation for superannuating him at the age of 62 \\ l years in place of 60 years. However, the said representation was rejected l \ ‘>W n 22.10.2002 (Annexure P/6) on the ground thatrthe lien of the petitioner came to an end in the concerned school/college/technical or medical college 0n his selection to the post ofASLR, thus, the petitioner does not come within the definition of “teacher” under Fundamental Rules (for short ‘F.R.’) 56 (l-a). Later on,‘the petitioner retired from service on 31.05.2003 at the age of 60 years i.e. on attaining the age of superannuation. Thus, this petition. Shri Dalpati ,leamed counsel appearing for the petitioner submits that that the petitioner has served as teacher for more than 20 years, thus, the petitioner is entitled to continue in service till he attained the age of 62 years under the provisions of F.R. 56. Further, since the application of the petitioner for selection on the post of ASLR was duly forwarded by the District Education Officer to the Public Service Commission, while he was working as Teacher in the School Education Department, the petitioner is entitled to be superannuated at the age of 62 years as per the circular dated 26.09.1972 (Annexure P/9). Per contra, Shri Alok Bakshi, learned Government Advocate appearing for the State/respondents submits that the petitioner'has retired on attaining the age of 60 years on 31.05.2003. Since the petitioner has worked for 20 years in the School Education Department, that does not bring the case of the petitioner within the definition of"teacher” as the lien of the petitioner in the School Education Department came to an end. The petitioner was neither promoted nor transferred as ASLR but was appointed through open proper selection, independently. ‘The petitioner tendered his resignation from the post of Lower Division Teacher of the School‘Education Department and thereafter joined the services in the Land Records & Settlement Department as ASLR, Wwm a o vi through direct recruitment process through Public Service Commission, held in the year 1981. 5. Heard learned counsel for the parties, perused the pleadings and documents appended thereto. 6. Fundamental Rule 56 (1-a) which was inserted by Act No. 27 of 1998, published in M.P. Rajpatra (Extraordinary) dated 2.9.1998 was made effective from 7.8.1998. The same reads as under: i g “(l-a) Subject to the provisions of sub—rule (2), every V Government teacher shall retire from service on the afternoon 0f the last day of the month in which he attains the age of sixty two years: Provided that a Government teacher whose date ofbirth is the first of a month shall retire hom 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 . “teacher” means a Government servant by whatever designation called, appointed for the purpose of teaching in Government educational institution including technical educational 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 Service.” On bare perusal of the above provision, which is clear and unambiguous, it is evident that ‘teacher’ means a government servant appointed for the purpose of teaching in government institution, if is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years and holds a lien on the post in the concerned school/Collegiate/Technical Education Service, shall retire on attaining the age of sixty two years. Thus, the basic ingredients appear to be, firstly, he should be appointed for the purpose of teaching in government education, institution, , secondly, he should have been appointed on administrative post by promotion or otherwise, thirdly, he should hold lien on the post in the \ \ wry concerned school/collegiate/tgchnica1 education service and fourthly, he should have been engaged in teaching for not less than twenty years. In the case on hand, the petitioner was appointed as teacher and worked as teacher for 20 years but his appointment on the post of ASLR was neither by way of promotion or otherwise as the petitioner participated successfully in the open selection process conducted by the Public Service Commission. As a sequel, he was appointed on the post of ASLR on tendering resignation from the post of teacher. He has no lien on the post of teacher in the concerned school after resignation from the post of teacher. The contention of the petitioner that for participating in the selection process for appointment on the post of ASLR, the application of the petitioner was duly forwarded by the District Education Officer, thus, he may be treated to have been promoted, is frivolous and baseless. Mere forwarding an application doesnot continue firstly his lien, and secondly, he was appointed aner going through proper open regular selection process. Thus, the petitioner is not entitled to be superannuated on attaining the age of 62 years, as teacher. 9. For the reasons stated hereinabove', the writ petition is dismissed. 1. 0 Theresa hllbenoorderasocosts t . V ISd/_ ‘rv l $'?\v »» Satish K. Agnihotri Judge ‘ Amit