MATHURO Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India challenging her retirement on the basis of 60 years of age.

(2.) THE petitioner was appointed as Safai Kamgar in Municipal council, Sabalgarh in the year 1965. After attaining the age of 60 years, she has been retired vide order dated 9-2-1999, passed by Municipal Council, Sabalgarh with effect from 28-2-1999. The main ground of challenge in this writ petition is that the petitioner is entitled to continue in service upto the age of 62 years because the State Government has given benefit of IV Class employees to continue in service upto the age of 62 years. Similar benefit has been given to the employees of the Madhya Pradesh State Municipal Service (Executive ). Subsequently, the State Government has also given the benefit of age of retirement of 62 years to IV Class employees of Municipalities but that benefit has been given from the date of issuance of notification, i. e. , 27-9-2003.

(3.) THE respondents-State in the return has stated that the petitioner was working as Safai Kamgar in the Municipality of Sabalgarh vide notification dated 27-3-2003. The Safai Kamgar of the Municipalities have been given the benefit of age of retirement of 62 years from the date of issuance of notification. The petitioner already retired from service in the year 1999, hence, she is not entitled the benefit to continue in service upto the age of 62 years.