ARUN DHARAMDHIKARI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is the case of the petitioner that he was appointed as UDT in the Bhartiya Sangeet Mahavidhalaya, Gwalior and was regularized by order dated 27/08/2008. It is the case of the petitioner that the post of UDT is equivalent to the Post of Teacher and has same grade. The Madhya Pradesh Shaskiya Sevak (Adhivarshiki Ayu) Adhiniyam, 1967 was amended by Amendment Act of 2012 and the retirement age of the Government teacher was increased from 62 to 65 years. However, by order dated 26/05/2015, the petitioner was retired on attaining the age of 62 years, whereas the petitioner was entitled to continue in service till attaining the age of 65 years. It is further submitted that the Supreme Court in the case of Dr. R.S. Sohane vs. The State of MP & Ors . passed in Civil Appeal Nos.4675-4676 of 2019, had directed the Government of Madhya Pradesh to pay salaries to the teachers in aided private Colleges who are working and also those who have worked till they attained the age of superannuation of 65 years. It is submitted that since the petitioner was retired on attaining the age of 62 years, therefore, he was entitled to continue up- to the age of 65 years. Therefore, the petitioner has been deprived from serving the Institution for a period of three years. Since even if the petitioner had continued up-to the age of 65 years, then still he would have retired in the year 2018. Therefore, the present petition has been filed seeking a direction to pay salary, arrears and differential amount along with interest as well as to count the period from 01/06/2015 to 31/05/2018 in the services of the petitioner as well as to calculate the pension and grant arrears Considered the submissions made by counsel for the petitioner.

(3.) It is the case of the petitioner that the Supreme court in the case of Dr. R S. Sohane (supra) has held that the teachers of aided private Colleges are also entitled to continue till attaining the age of 65 years and since the said judgment is the judgment in rem, therefore, it is applicable to all those persons who have not approached the Court at the earliest.