JANDEL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER filed this petition under Article 226 of the Constitution with the prayer to set aside the order dated 29.2.2012, Annexure P-1, whereby he is retired on attaining 60 years of age. By assailing this order, it is argued that by order, Annexure P-3, dated 7.9.2006 the petitioner was classified as a permanent employee and thereafter it was not open for the respondents to treat him as a daily wager. In addition, it is prayed that after having declared the petitioner as permanent employee, the respondents should have granted him regular pay scale. Shri Rana submits that this Court in Writ Petition No. 3610/2012 (Haluka vs. State of MP) on 13.2.2012 held that the classified employee cannot be retired at the age of 60 years and is entitled to continue till 62 years. In Writ Appeal No. 267/2012 the Division Bench gave a stamp of approval to the said order.

(2.) THIS legal position is not disputed by Smt. Sangita Pachauri, learned Dy. Govt. Advocate.

(3.) SO far the question of grant of regular pay scale on classification is concerned, the case is covered by the Division Bench judgment of the Principal Seat in W.A.No.1266/10. Petitioner deserves similar treatment. However, learned Dy. Govt. Advocate informed that similar issue is pending before Supreme Court in SLP (Civil) 25279 of 2012 (State of M.P. & ors. vs. Man Singh Gurjar) and the order may be made subject to final outcome of the matter pending before the Supreme Court.