INDIRA SAXENA Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner, who was employed as an Upper Division Teacher in Nagar Palika Kanya Uchchtar Madhyamik Shala, Bina, Dist. Sagar, seeks a Writ of mandamus or any other suitable writ, direction or order for quashment of the notice dt. 8-9-1993 (Annexure P-l) of compulsory retirement whereby the petitioner has been noticed that after expiry of three months, the petitioner shall stand compulsorily retired.

(2.) IN case of Municipal employees the age of superannuation is 60 years. The petitioner is 52 years of age and has rendered 25 years service with unblemished service record. It is not the case of Municipal Council that because of the advanced age of the petitioner, her efficiency and capacity to work is lowered down, or on overall assessment the services of the petitioner are not satisfactory. However, the Municipal Council passed a resolution (Annexure R-3) dt. 27-8-1993 wherein after considering the record of service of the petitioner the council resolved that, now the services of the petitioner are no longer required, hence the petitioner be served with a notice of compulsory retirement in accordance with Rule 42 of the M. P. Civil Services (Pension) Rules, 1976 (for short 'the Rules'), and, therefore, the petitioner was served the three months notice (Annexure-1) of retirement, hence, this petition. The respondents Nos. 1 and 2 in their return have taken the stand that because of shortage of the funds the Municipal Council is facing lot of difficulties to pay off the salaries of the employees of the Municipal Council and that strength of the students in the school has been reduced, therefore, the Municipal Council resolved to retire the petitioner in 'public interest'.

(3.) SHRI Masood Ali, learned counsel for the petitioner Shri P. S. Das, learned counsel for respondents 1 and 2 and Shri M. L. Choubey, Govt. Advocate, for respondent No. 3 heard.