ASHA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner who was working as Lecturer since the year 1975 is aggrieved by the order dated 28.1.2012 (Annexure P-l) passed by the respondent No. 1 whereby, as alleged by the petitioner, she is prematurely superannuated from service on attaining the age of 62 years w.e.f. 31.7.2011.

(2.) In brief the facts of the case are that the petitioner was appointed on the post of Lecturer on 1.11975. The petitioner's contention is that as per the provisions of Madhya Pradesh Shashkiya Sevak (Adhivarshkiya-Ayu) Adhiniyam, 1967, she falls within the ambit and explanation of a teacher and as such is entitled to be superannuated upon attaining the age of 65 years. It is further contended by the petitioner that she was sent on deputation to Narmada Valley Development Department on 8.7.1993 where she continued till her repatriation on 24.6.2010 but the aforesaid period has been excluded by the respondents for the purpose of calculating the retirement period of the petitioner and vide impugned order (Annexure P-1) it is held that since she has not completed 20 years in class room teaching, she is not entitled to get the benefit of superannuation after completing the age of 62 years.

(3.) The contention of learned counsel for the petitioner is that the petitioner is governed by the Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sansodhan Adhiniyam, 2011 which replaces sub rule (1-a) with the sub rule (1-A), (1-g) and (1-h). Sub rule (1-g) which is relevant reads as under: