PRATIBHA RAJGOPAL Vs. STATE OF M P

JUDGEMENT

(1.) Being a teacher having an entitlement to serve till she attains 62 years of age, the Petitioner by way of present writ petition under Article 226 of the Constitution of India calls in question the legality of the action of Respondents in retiring her on superannuation at the age of 60 years.

(2.) Relevant facts briefly are that the Petitioner was initially appointed as Lecturer, Political Science, on ad-hoc basis in Home Science College, Jabalpur, by order dated 04-07-1981. Later on vide order dated 31-05-1987 the services of the Petitioner were regularized as Assistant Professor in accordance with the M.P. Regularization of Ad-hoc Appointment Rules, 1986.

(3.) The Petitioner while she was working with the Higher Education Department, her services were borrowed by the General Administration Department, pursuant whereof vide order dated 05-03-1994, she was sent on deputation to Academy of Administration i.e. R. S. B. P. Naronha Academy of Administration in the capacity as Professor. By order dated 17-07-2003, the Petitioner was directed to discharge her duties as Director in Madhya Pradesh Mahila Sansadhan Kendra, established within the Academy, in addition to Reader. The Petitioner's services were thereafter absorbed with the Academy vide order dated 01-03-2004 with effect from 01-07-2003. Consequent whereof the services of the Petitioner came to be governed by Madhya Pradesh Academy of Administration Service (Gazetted) Recruitment Rules, 1997, the set of rules framed in pursuance to the proviso to Article 309 of the Constitution of India.