BADRI Vs. STATE OF M P

JUDGEMENT

(1.) On the reference by the learned Single Judge of this Court, Hon'ble the Chief Justice has constituted this Bench under the provisions of Rule 8 (Chapter IV) of the Madhya Pradesh High Court Rules & Orders, 2008, to answer the following reference :-

(2.) Before answering the reference, it would be appropriate to consider the facts which have dissented in making the present reference.

(3.) Petitioner challenged the order of termination from service dated 26-4-2008 on account of attaining the age of 60 years. It is mentioned in the order that the petitioner, who was working as daily wager employee would retire from service on account of attaining the age of superannuation i.e. 60 years. The petitioner pleaded that the post of Labour / Meth / Gangman falls within the category of Work Charged Establishment Class IV employees, hence, he is entitled to continue in service up to the age of 62 years in accordance with the provisions of M. P. Shaskhiya Sevak Adhivarshiki Aayu Tritiya Sanshodhan Adhyadesh, 1998. Consequently, an amendment was made in the aforesaid Adhyadesh and Class IV employees are entitled to continue in service up to the age of 62 years.