STATE OF MADHYA PRADESH Vs. YUGAL KISHORE SHARMA

JUDGEMENT

(1.) The present intra-Court appeal is directed against an order passed by the learned Single Bench on 13.08.2014 in W.P. No. 4030/2009 ( Yugal Kishore Sharma vs. State of M.P. and others ) whereby the writ petition directed against an order dated 06.03.2009 superannuating the writ- petitioner at the age of 60 years was allowed.

(2.) On 25.09.2017, a Division Bench of this Court while hearing the present appeal along with a bunch of intra-Court appeals involving the identical questions of law and fact such as W.A. No.686/2016 ( State of M.P. vs. Smt. Ravi Jain ), W.A. No.690/2016 ( State of M.P. vs. Smt. Madurima Singh ), W.A. No.726/2016 ( State of M.P. vs. uuuuSiyaram Sahu ), W.A. No.727/2016 ( State of M.P. vs. Ku. Shikha Khare ), W.A. No.728/2016 ( State of M.P. vs. Smt. Usha Awasthy ) and W.A. No.745/2016 ( State of M.P. vs. Smt. Durga Jaiswal ), has referred the following questions for the opinion of the Larger Bench:-

(3.) Learned Advocate General appearing for the appellants-State submits that the services of all the writ-petitioners are governed by Madhya Pradesh Panchayat & Social Welfare Class-III (Executive) Service Recruitment Rules, 1967 (for short "the Rules") as the writ-petitioners are appointed in the Social Welfare Department. It is contended that there is no writ-petition relating to Nursing Centres or Yoga Centres, therefore, Question No.(2) requires to be modified so as to delete the reference made to Nursing Centres and Yoga Centres. Since there is no dispute regarding the said fact, therefore, Question No.(2) stands modified to that extent.