STATE OF MADHYA PRADESH Vs. R. B. TIWARI

JUDGEMENT

(1.) Present writ appeal has been filed assailing the order dtd. 16/2/2022 passed by the learned Single Judge in Writ Petition No.18108 of 2020 whereby the appellants/respondents were directed to pay the benefit of salary and other benefits to the petitioner upto the age of 65 years.

(2.) It is alleged that the writ petition was filed claiming salary in pursuance to the order dtd. 7/5/2019 passed by Hon'ble Supreme Court in the case of Dr. R.S. Sohane vs. The State of Madhya Pradesh and others (Civil Appeal Nos. 4675 to 4676 of 2019). It was the case of the writ petitioner that he was working on the post of Professor of Zoology. Vide notice dtd. 5/4/2016 he was informed that he will be superannuated on 30/4/2016 on attaining the age of 62 years, but the writ petitioner was entitled to continue upto the age of 65 years.

(3.) It was argued that the law is settled by the Hon'ble Supreme Court in the case of Dr. R.S. Suhane (supra), wherein, Hon'ble Supreme Court has directed the State Government to pay salary to the Teachers who are working in Private Aided Colleges till they attain the age of superannuation i.e. 65 years. The Writ Court vide impugned order has allowed the writ petition holding that the petitioner is entitled for salary and other consequential benefits in terms of the order passed by Hon'ble Supreme Court in the case of Dr. R.S. Suhane (supra).