R.S.KUSHWAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) SINCE these petitions involve similar question of facts and law, on the joint request of the parties, matters are analogously heard and decided by this common order.

(2.) THE petitioners in these cases are Laboratory Technicians. It is contended that the Laboratory Technicians should be treated as Teacher and, therefore, should be retired on attaining 65 years of age. The respondents have retired the petitioners on attaining 62 years of age.

(3.) WITHOUT disputing the aforesaid position, Mrs. Ami Prabal, the learned counsel fairly submits that the only distinguishing feature in the present cases is that as per the circular of the Government dated 16.4.2010, the petitioners were treated as Teachers and, therefore, their age of superannuation was enhanced from 62 to 65 years. It is contended that this circular dated 16.4.2010 was not taken into account in the earlier round of litigation. In addition, it is contended that the petitioners have imparted instructions to the Teachers and, therefore, they are entitled to be treated among teaching staff and are further entitled to continue till 65 years.