SIKANDAR SABANA Vs. STATE OF M P

JUDGEMENT

(1.) In the aforementioned petitions the petitioners, who are all teachers working in various Government schools, are assailing the communications received by them on various dates informing them that they shall be superannuated from service on attaining the age of 62 years.

(2.) The contention of the petitioners before this Court is that they are entitled to continue in service upto the age of 65 years in view of the amendment made by the State Government by the notification published in the M.P. Gazette (Extraordinary) dated 6.5.2011 amending the provisions of the M.P. Shashkiya Sewak (AdhiwarshikAayu) Adhiniyam, 1967 (hereinafter referred to as the 'Adhiniyam of 1967') by the M.P. Shashkiya Sewak (Adhiwarshik-Aayu) Sanshodhan Adhiniyam, 2011 (hereinafter referred to as the Sanshodhan Adhiniyam of 2011), (Amending Act No.20/2011), whereby it is asserted that their age of superannuation has been enhanced from 62 to 65 years.

(3.) It is submitted by the learned counsel for the petitioners that the State by way of the aforesaid amendment in the Adhiniyam of 1967 has increased the age of superannuation of teachers to 65 years but the respondent authorities are totally ignoring the aforesaid amendments and are superannuating the petitioners on attaining the age of 62 years although they are entitled to continue in service upto the age of 65 years thereby illegally depriving the petitioners of the benefit of the amended provisions.