^,\ ,ft-', )i^/ \ ^ ^pry A^j •r BEFORE THE STATE ADMINISTRATIVE TRIBUNAL ,JABALPUR O.A»NOo-j f3./-T /1996 ^f/^-f^l ^s ^^/ ye^SS? ^^ ^SSSyss'.Tl-.-.-s Applicant: - U<i D,Patni, Reti.red^ AsstteConimissionerCOrganiser), . Tribal Welfare Department, R/o Arya Colony,Tifra^Distt-Bilaspur VERSUS • Non-applicants: l)Stafe of Madhya Pradesh, Through-Secretary^Tribal Weifare Department,Bhopal. 2) Director^Tribal Welfa.re Development,/ Bhopal• APPLICATIGN UNDER SECTION 19 OF THE. ADMINISTRATIVE 'TRIBUNAL ACT HIGH -COURT OF JUDICATURB AT BILA8PUR (CHHATTISGARHl W. P. (st No. 13S3 of2005 U.D. Patai Versus State of Madhya Pradesh & aaofher SB : Hon'ble Justice Shri Satish K. Affuihotri J. Present: Shri K,R. Nair, counsel for fhe petitioner. Shri Ajay Dwivedi, Panel lawyer for respondents/ State. ORAL ORDER (28th July, 2006) 1. The petitioner was appoiated on fhe post of Teacher by order dated 8.11.1954 (Annexure A/l) by the Distnct Organizer, Tribal Welfare Department Thereafter he was promoted to fhe post of Headmaster by order dated 10.2.1960 (Annexure A/2) aiid was fiirfher proinoted to fhe post of Circle Orgaaizer by order dated 25.5.1963 (Annexure A/3) and fhereaftjer, to fhe post of Assistant Conunissioner by order dated 26.4. 1994 (Annexiire A/4), 2. The petitioner after haviag completed 58 years of fhe service was rctired on 31.12.1995. 3. Accordiag to leamed counsel for the petitioner, the petitioner is entitled to contmue in seryice upto fhe 60 years of age as per ^ Section 56 of fhe Madhya Pradesh Shaskiya Sevak (Adhivarshiki- Ayu) Adhiaiyam, 1967 (for short The Act, 1967% which provides that the Goveraiaent teacher shaU retire froin service on fhe aftenioon offhe last day offhie monfh m which he attaias the age of sixty years, Explaaation to sub ruk 56 fiirther provides that fhe <Teacher?? meaas a Govemment servaat, by whatever desigaation caUed, appointed for fhe purpose of teachiag in an educational mstitution nin by the Govemment mchidmg technical or medical education mstitution ia accordance wifti fhe recruitment rules appUcable to such appointment and shaU also mclude the teacher who is appomted to aii admiaistrative post by piomotion or ofherwise aad who has been engaged ia teaching for not less fliaii twenty years provided he holds a lien on a post in fhe conceraed School/Collegiate/Technical/Medical education service, 4. Learaed counsel furtfaer subiaits fhat the petitioner has retaiaed his Men ia fhe department tfcU his retirement J&um fhe date he was appoiated as teacher. On fhe question of conipletion of 20 years engagement in teaching job, leamed counsel refereed a decision dated 22.11.1994 passed by fhe Madhya Pradesh Admiiiistrative Tribunal, Bhopal Bench m O.A. No. 62/93 (V.A. Bhambal Vs. The State of M,P, & others) whereby fhe condition of Teachio^g 20 years' was struck down as ziltra-vires by fhe Tribunal. Leanied coxinsel fiirther submitted that this order passed by fhe Tribuxial has attahied fiLaality as fhe saine was not challenged furfh.er ia any superior Court, Learaed counsel acconlmgly prays for monetaxy rcUef. 5, Lea-rned counsel appearing for fhe respondents/State does not clispute tlic provisioiis of Section 56 of fhe Act 1967, which is quoted herctiibelow:- <"56. Age of superannuation.- (1) Subject to fhe provisions of sub-nde (3), eveiy Govemment servaat ofher than. a class IV GoverDinent servant shaU retire fiom service on fhe aftemoon of tiie last day of fhe nionfh on which he attains fhe age of fifly-eight years: Provided fhat a Goveramient servant whose date ofbirfh is the fiirst of a month shaU retire fi"om service on fhe aftemoon of fhe last day of fhe proceediag month on attaining fhe age of fifty-eight years: Provided further fhat scientific, technical aad ofher personnel baving special or expert knowledge ia any field niay, wifh. the sanctioB of ihe competent aufhonty, be ^ven extension of sexvice beyoijd the agc of flfty-eight years subject to fheir physical fitacss and suitability for work, but such extension shall uot onlmarily bc; bcyond the age of sixty years. {(1-a) Subject to fhe provisions of sub-rule (3), eveiy Govc rjciment teacher shaU retire from service on the aftenioon of fhe last day of fhe monfh in which he attams fhe age of sixty years: Provided that a Gk>vermnent teacher whose date ofbirfh is fhe first of a nionfh shedl retire fromi service on fhe afteraoon of fhe last day of fhe preceding monfh on attainiag the age of sixty years.} { Explaaation.- For fhe purpose of this sub-rule ^Teachex^ laeaas a govenuxient servant, by whatever desigaation caUed, appoiated for fhe purpose of teachiag m aa educational institution run by the Goverament iacluding techxdcal or niedical education iastitution in accordance wifh the recruitiiient rules appUcable to such appointxiient and shaU also mclude fhe teacher who is appointed to an admiaistrative Bablu/- post by promotion or othenvise and who has been engaged m teaching for not less fhan twenty years provided he hoMs a lien on a post m fhe concenied School/CoUegiate/Techiiical/Medical education service^ 6. I.eained counsel further does not dispute fhe fact oftfae order dated 22.11.1994 passed by fhe Madhya Pradesh AdmiDistrative Tribruial, Bhopal Bench in O.A. No. 62/93 (V.A. Bhambal Vs. The State of M.P. 8&others). 7. In view offhe aforementioned facts ofthe case, as stated above, the respondents/aufhonties are directed to treat the petitioner, as he has retired at tihie age of 60 years, and accordmgly he is entitied to all fhe consequential benefits of two years, uicluding revision of peusion, gratuity etc. For graatuig fhe said reUef, the process be completed withia a period of fhree monfhs fix>m fhe date of receipt/production of a copy of fhis order. 8, The wnt petition is accoxdmgly allowed. No oxder as to costs. Sd/- Satish K. Agnihotri Judge