SHASHIBALA CHAUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude of the questions involved, on the joint request of the parties, the matters were analogously heard and decided by this common order.

(2.) The petitioner, a Staff Nurse, has challenged the constitutionality of explanations Fundamental Rule 56 to proviso to Sub-Rule (1-e), (1-j) of Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 (Impugned Adhiniyam), whereby Fundamental Rules are amended and while extending the age of superannuation of every government nurse, explanations are appended which deprives the petitioner, a Staff Nurse working in the Ayush Department of the government.

(3.) Briefly stated, the relevant facts are that the petitioner underwent a mandatory 18 months training in nursing men, women and children and in Midwifery and in Community Health Nursing in a recognized institute and was declared qualified to practice vide certificate dated 10/11/1983.