JAYCHAND RAHANGDALE Vs. JAWAHAR LAL NEHRU KRISHI VISHWAVIDHYALA

JUDGEMENT

(1.) Since both these appeals have arisen from common order dtd. 10/7/2019 passed by the learned Single Judge in W.P.No.7533-2019 and W.P.No.2803-2019, therefore, the same are being heard analogously and for the sake of convenience, the facts for consideration, are taken from W.A.No.1323-2019.

(2.) The case of the appellant-petitioner is that he was initially appointed as a daily wager in the services of the respondents in the year 1983. On 13/8/2018 (Annexure P-1), he was fixed in the pay scale of "Skilled workers" in the pay scale of Rs.5000.00100-8000/-. The appellant-petitioner claims to have been working in Class-IV category, therefore, as per University Regulations, he is entitled to serve upto the age of 62 years. However, vide order dtd. 4/1/2019 (Annexure P-2), he has been directed to be superannuated w.e.f. 28/2/2019 on completion of the age of 60 years. The appellant-petitioner, therefore, preferred a writ petition before this court seeking quashment of order dated 4. 01.2019 with a further prayer to allow him to work upto the age of 62 years. The learned Single Judge did not find any substance in the submission made by the appellant-petitioner and, accordingly, the writ petition has been dismissed. Hence, the appellant-petitioner has preferred the instant writ appeal.

(3.) Learned counsel for the appellant-petitioner submits that the learned Single Judge has erred in not considering the document relied upon by the appellant-petitioner. He has taken us through the order dated 13. 08.2018 (Annexure P-1), whereby, certain pay scales have been fixed w.e.f. August, 2018 on the terms and conditions mentioned therein. In the list of "Skilled workers" his name finds place at S.No.59. According to him, as per Circular of the State Government dtd. 9/11/2012 (Annexure P-3) and 3/5/2017 (Annexure P-4), it is abundantly clear that the age of superannuation of Class-IV employee is 62 years. He also referred to the Rules, namely, Madhya Pradesh Dainik Vetan Bhogi Karamchari (Seva Ki Sharthe) Niyam, 2013 (for short the "Rules of 2013") to demonstrate that in exercise of powers conferred under the proviso to Article 309 of the Constitution, the State Government has framed statutory Rules which also recognize the age of superannuation of Class-IV employee, as 62 years.