V.M. GARG Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for a writ of certiorari for quashment of the order dated 16.6.2003 contained in Annexure P-1. It is urged in the petition that he was entitled to be superannuated at the age of 62 years, but the authority has in an erroneous manner, retired him at the age of 60 years. It is averred in the writ petition that he is a Sports Teacher and is engaged in imparting Physical Training and, therefore, he is entitled to retire at the age of 62 years. As per the provision contained in section 2 (1) (a) of M.P. Shaskiya Sevak (Adhivarshkiya Aayu) Dwitiya Samshodhan Adhiniyam, 1998 the term 'teacher' has been defined as follows :

(2.) THIS Court had the occasion to analyse the said provision in the case of Chokhelal Sahu v. State of M.P. [2003 (4) MPLJ 288]. In the said case placing reliance on the judgment rendered in the case of P.S. Ramamohana Rao v. A.P. Agricultural University [AIR 1997 SC 3433] expressed the view in Paragraph 6 as under :

(3.) ACCORDINGLY the writ petition is allowed. There shall be no order as to costs. C.C. as per rules.