AMRISH KUMAR GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) IN these three petitions, the issues are common and, therefore, on the joint request of the parties, matters are analogously heard and decided by this common order. The singular question involved in this case is whether the petitioner, a Laboratory Technician working in the Jiwaji University, Gwalior can be treated as a "Teacher"? Brief facts necessary for adjudication of this matter are as under and taken from W.P. No. 2368/13. The petitioner was appointed as Laboratory Attendant in the Vishwavidyalaya. He was promoted as Laboratory Assistant by order dated 2.12.1978. Thereafter, the Vishwavidyalaya re -designated the name of Laboratory Assistant as Laboratory Technician by order dated 27.1.1987. On the strength of this order, the petitioner became Laboratory Technician and was working in the same strength. The basis for claiming relief in this petition is the order of State Government (Higher Education Department) dated 6.3.1997 (Annexure P -3) wherein the State Government had decided to treat the post of Laboratory Technician as a teaching post with further direction that they will retire on attaining 60 years of service. The petitioner also relied on the Jiwaji Vishwavidyalaya's notification dated 17.8.2002 whereby the age of retirement of University Teachers was enhanced from 60 to 62 years.

(2.) SHRI J.P. Kushwaha, learned counsel for the petitioner, submits that a conjoint reading of Annexure P -4 dated 3.9.1998, circular dated 6.3.1997 (Annexure P -3) and notification dated 17.8.2002 makes it crystal clear that the petitioner was entitled to continue till 62 years. He then relied on the amendment published in Madhya Pradesh Gazette (extraordinary) dated 6.5.2011 (Annexure P -14) whereby the Madhya Pradesh Shasakiya Sevak (Adhivarshiki -Ayu) Sanshodhan Adhiniyam, 1967 was amended whereby the age of superannuation of teachers is further extended from 62 to 65 years. He relied on the explanation mentioned in the said schedule. In addition, Shri Kushwaha relied on the definition of "Government Teacher" mentioned in the notification dated 6.5.2011. He submits that the definition of Teacher in the notification is very wide which includes the post of Laboratory Technician. These three petitions were filed on different occasions when the age of superannuation was enhanced. Shri J.P. Kushwaha submits that the University is bound by the decision of the State Government and the petitioner is entitled to be treated as Teacher and resultantly entitled to continue till 65 years.

(3.) I have heard the learned counsel for the parties and perused the record.