CHOKHELAL SAHU Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 27-6-2000 (Annexure P-l) of the respondent No. 4 and order dated 17-5-2000 (Annexure P-2) of the respondent No. 1 by virtue of which the petitioner has been retired from 17-5-2000.

(2.) IT is not in dispute that the petitioner was appointed as Physical Training Instructor. That post was later on redesignated as Sports Officer. The date of birth of the petitioner is 15-3-1939. He attained the age of 60 years on 15-3-1999. He continued to work as Sports Officer. It is also not disputed that by M. P. Shaskiya Sevak (Adhivarshiki-Ayu Dwitiya Sanshodhan) Adhiniyam, 1998 (hereinafter to be referred to as 'the Act') the age of retirement of teacher has been raised to 62 years. In this Act, definition of 'teacher' has been given in the Explanation to Section 2 (1-a ). That reads :

(3.) THE petitioner's case is that he is also a teacher within the meaning of definition of "teacher" given above. According to him he is teaching skills of various games and therefore, he is included within the definition of teacher.