DR.JACOB THUDIPARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 9/5/2017 passed by the Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Writ Appeal No. 667/2016, by which the High Court has dismissed the said appeal, original writ petitioner - appellant herein has preferred the present appeal.

(2.) The appellant herein was serving as a teacher. The dispute arose with respect to the age of superannuation/retirement, namely, whether, the appellant ­teacher is entitled to get the benefits of enhanced age of superannuation of 65 years at par with his counterpart teachers serving in Government Colleges and Universities.

(3.) Mrs. Mrinal Gopal Elker, learned counsel appearing on behalf of the respondent ­ State, as such, is not in a position to dispute the aforesaid factual aspects. However, she has tried to distinguish the facts by submitting that when this Court passed an order earlier to pay the salaries to them after they had completed the age of 62 years, all of them were directed to be taken on duty by way of an interim order and actually they worked up to the age of 65 years. In the present case, the appellant did not work and therefore on the principle of 'no work no pay', he is not entitled to any monetary benefits for the intervening period, between 62 years and 65 years of age.