R S MAURYA Vs. STATE OF M P

JUDGEMENT

(1.) IN this batch of writ petitions, the singular controversy that emerges for consideration is whether a Librarian appointed in a Govt. or Non Govt. educational institution, be it College or school, is entitled to be superannuated on attaining the age of 62 years.

(2.) THE facts of the case, in our considered opinion, need not be stated in detail except expositing that all the petitioners were appointed as Librarians and there had been recommendations from time to time by the State Govt. for the equal pay scale of librarian to that of a sports teacher and further there had been recommendation to treat them at par for other service conditions.

(3.) ORDINARILY, we would have adverted to the said documents but Mr. Kumaresh Pathak, learned Dy. Advocate General has emphasized on the amendment brought into with effect from 7. 8. 98 by virtue of Section 2 of M. P. Shashkiya Sewak (Adhivarshiki Ayu) Adhiniyam, 1967. After the amendment, fundamental Rule 56 (1) (1-a) reads as under:-