VYAS SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the similitude of the questions involved, these matters were analogously heard on the joint request of the parties and are decided by this common order.

(2.) The spinal issue to be decided in these petitions is that whether the petitioners being blind/handicapped candidates have any right to continue in employment upto the age of 65 years. Admittedly, as per the relevant Adhivarshiki Ayu Adhiniyam, the age of retirement of teachers is 62 years. The petitioners are claiming their right to continue beyond 62 years i.e., upto 65 years on the basis of circular of Panchayat and Social Welfare Development dated 03.02.1990 (Annexure-P/4). It is submitted that recommendations in favour of the petitioners were made by the Joint Director on 29.09.2016 (Annexure-P/7).

(3.) Per-contra, learned counsel for the respondents submits that the age of retirement of petitioners are governed by the statutory provision of Adhivarshiki Ayu Adhiniyam. The petitioners age of retirement is 62 years as per the statutory provision. An executive instruction cannot supplant/override the statutory provision. Mere recommendations will not create any right whatsoever in favour of the petitioners.