BHAGWAT PRASAD CHOUBE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner in this case, who is employed as Head-Master in Primary School, sunarhai, Jabalpur, challenges the validity of an order passed by the District education Officer, Jabalpur, with regard to his retirement from service as a result of the amendment of Rule 56 of the Fundamental Rules reducing the age of retirement from 58 to 55.

(2.) THE applicant was before 1st October 1963 in the employment of the Municipal corporation, Jabalpur, as a primary school teacher. In 1963 the State Government raised the age of superannuation of Government servants from 55 to 58. Following this action of the State Government, the Municipal Corporation also decided to raise the age of retirement of its employees from 55 to 58. On 24th April 1963 the Standing Committee of the Corporation passed a resolution deciding to raise the age of retirement in conformity with the Government's decision. On 1st October 1963 the petitioner was absorbed in Government service under the Madhya pradesh Local Authorities' School Teachers (Absorption in Government Service)Act, 1963.

(3.) ON 10th October 1967 the State Government promulgated an Ordinance intituled the Madhya Pradesh Shasakiya Sevak (Adhivarshiki Ayu) Adhyadesh, 1967, fixing the age of superannuation of Government servants at 55. That ordinance has now been replaced by an Act in terms similar to those of the ordinance. The Ordinance provided, inter alia, that Government servants who have already attained the age of 55 on 15th December 1967 would stand retired with effect from 15th December 1967, or, in the event of their taking leave due to them, from 15th Dec. 1967 upto a maximum of four months, on the expiry of the leave period. On 25th October 1967 the District Education Officer, Jabalpur, addressed a communication to the petitioner informing him that as a result of reduction of age of retirement effected by the Ordinance if he proceeds on leave from 15th Dec. 1967 he would stand retired on the expiry of the leave period, or, if he did not choose to avail himself of the leave due to him, he would stand retired from 15th December 1967.