STATE OF CHHATTISGARH Vs. KALAWATI LAMA

JUDGEMENT

(1.) THE State has filed this appeal against the order dated 28-2-2006 passer by the learned Single Judge in Writ Petition No. 322/2006 whereby and whereunder it has been held that the petitioner who was working on the post of Public Health Tutor, comes under the definition of teacher and she was entitled to continue on said post till the age of 62 years.

(2.) THE brief facts are that the petitioner was initially appointed as Woman Health Visitor and subsequently she was promoted to the post of Public Health Tutor vide Order No. 9/Nursing/Cell-1/95/797, dated 08-02-1995. In the year 2005, she was working as Public Health Tutor in Chhattisgarh Institute of Medical Science (QMS), Bilaspur. She was served with a notice dated 22-11-2005 that as per entry of her date of birth in the service records i.e., 04-02-1946, she would be superannuated on 28-02-2006 after attaining the age of 60 years. It is at that stage, the petitioner filed the writ petition and challenged the validity of the aforesaid notice dated 22-11-2005 with a contention that the age of superannuation of Public Health Tutor is 62 years, therefore, the aforesaid notice be quashed and she be allowed to continue till the completion of 62 years of age. THE Learned Single Judge allowed the writ petition and quashed the notice dated 22-11-2005 holding that the post of Public Health Tutor comes under the definition of teacher, therefore, the petitioner shall continue in service up to the age of 62 years.

(3.) WE have heard learned Counsel for the parties at length and have also perused the records of the writ appeal. Admittedly, F.R. 56 deals with the provisions of compulsory retirement. It reads as follows: .......[VERNACULAR TEXT OMMITED]...... (Only relevant portion quoted) A perusal of the aforesaid rule would show that the age of superannuation of a teacher has been fixed at 62 years and while doing so, an Explanation has been appended to the rule explaining that who shall be held to be a teacher for the purpose of the said rule. This Explanation can be divided into two parts. Part-1 i.e., the earlier part clearly provides that a Government Servant who has been "appointed" as a teacher in any educational institution, including the technical and medical educational institutions, for the purpose of teaching under the prevailing rules applicable for appointment to the said post shall be a teacher for the purpose of this rule. The second part, which is the later part of the Explanation, further provides that it shall also include such teachers who have been appointed on administrative posts either by promotion or otherwise and who were engaged in teaching for a minimum period of 20 years and have also a lien over the post in their concerned educational institutions.