^\^ ^- HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 699 of 2005 Petitioner Shyam Deep Singh, Son of Bhagwan Singh, aged about 58 years, Ex-Upper Grade CSark, Biock Education Office, Balrampur, District Sarguja (M.P.), Presentiy residing at C/o Sablayak Singh, village and post Narmdapur, Disirict Sarguja, (M.P.). Versus Respondents 1. The State of Madhya Pradesh (now Chhattisgarh), through the Secretary, Govemment of Madhya Pradesh Adim Jati Kalyan Vibhag, M.P., Bhopal 2. The Commissioner, Adivasi Vikas, M.P. Bhopa!. 3. The Deputy Commissioner Regional, Mwasi Vikas, Bl'aspur, (M.P.). 4. The Assistant Commissioner, Adivasi Vikas, DistriGt Sarguja, Ambikapur, DistrictSarguja,(M.P.) 5. The Block Education Officer, Balrampur, District Sarguja (M.P.). APPLICATION UNDER SECTION 19 OF THE ADHSNISTRATR/E TRSBUNALS ACT. 1985 Sinsie Bench : Hon'ble Mr. Satish K. Aanihotri, J. ii Shri S. P. Sahu, Advocate for the petitioner. Shri Satish Gupta, Oeputy Govt. Advocate forthe respondents. ORALORDER (Passed on this 7th day of April, 2008) This petition was filed in the year 1993, chatlenging the order dated 23.7.1992 (Annexure A/5), whereby the petitioner was retired from service w.e.f. 21.7.1892 on attaining ths age ofsuperannuation. Learned counse! appearing for petitioner submits that the date of birth of the petitioner is 21 Juiy, 1934 (Annexure P/2). The petitioner was appointed as Assistant Teacher vide order dated 10.4.1958 (Annexure A/1). Hs had been working on the post of Assistant Teacher till his services were transferred from the post of Lov/er Division (Assistant) Teacher (Permanent) to tiie post of Lower Divislon Cierk vide ordsr ~? 3. 5. dated 3.1.1883 (Annexure A/3). By the impugned order dated 23.7.1992 (Annexurs A/5) the petitioner was retired from semce w.e.f. 21.7.1992, when he attained the age of 58 years. The petitioner is claimins the benefrt under ths Fundamental Ru!e 56, as amendsd by the Madhya Pradesh Shaskiys Sevak (Adhivarshiki) Ayu Sansodhan Adhyadesh, 1984, which providss that "every GoverBment Teacher shall retire from service on ttie aftemoon of the last day of the month in which he attains the age of sixty yeare." 1 have heard leamed counse! appearing for the parties, perused the pieadings and documents appended thereto. As per the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 1987 (Annexure A/9) Explanation was substituted in sub-rule (1-a) ofthe Fundamentat Rule 56 w.e.f. 5.9.1985, which reads as under:- "Explanation - For the purpose of this sub-rule "Teacher" means a Govemment ser^ant, by vAatever designation called, appointed for the purpose of teaching in an educational institution run by the Govemmsnt induding technical or medical education institution in accordance with the recruitment rutes appiicable to such appointment and shail also include the teacher v/ho is appointed to an administrative post by promotion or otherwse and who has been sngaged in teaching for not tess than twenty years provided he hoids a !ien on a post in the concerned Schoot/Colisgiate/ Technical/ Medicat education service." In the present case, it is ctear that the petitioner was appointed as Assistant Teacher on 10.4.1958 for ttie purpose of teaching in an educadona! institution i.e. Middte Schoot, Balrampur, headquarter Ranhath, run bythe Government. The petitioner worked on the said post for more than 25 years, thereby ttie petitioner attained the permanent status of Lov/er Diwsion Teacher. Theresfter vide order dated 3.1.1983 the services of the petitioner were fransfsrred on the post of Lower riS-< •">>» /' :j '-:s®s^ g 'l ^S9 ! \:"^/ DMsion Teacher and accordingiy he was appointed to an administrative post. Thus, the petitioner was entitled to be rstired at the age of 60 years after having completed more than25 years in teaching. 6. In view ofthe foragoing, this petition is allowed. The respondente are directsd to pass an appropriate order for superannuating the petitioner at {he age of SO years. The petitionsr shall be entitied a!i the monetary benefite flowing from ttiis order. No order asto costs. Thakur