MRIGANK MOHAN MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 5.11.2018 whereby the Executive Engineer, Public Health Engineering, Shajapur has retired him w.e.f. 31.12.2018 after attaining the age of 60 years.

(2.) Brief facts of the case are as under: (i) The petitioner was appointed as daily-wager against the post of Time-keeper on 1.4.1986. Vide order dated 16.1.2017, he was classified as permanent employee under the scheme of State Government issued vide Circular dated 7.10.2016. He was classified as "permanent employee (skilled)" in the fixed minimum pay-scale of Rs.5,000-100-8000. (ii) The State Government vide Gazette Notification dated 31.3.2018 has enhanced the age of superannuation of Government employees from 60 to 62 years by amending the M.P. Shaskiya Sevak (Adhivarshiki Ayu) Sanshodhan Adhiniyam, 1967. Vide letter dated 22.10.2018, the Executive Engineer, PHE sought clarification from the Superintending Engineer in respect of retirement of Class-III&IV permanent employees/daily-rated employees after attaining the age of 60 or 62 years. Thereafter, vide impugned order dated 5.1.2018, petitioner has been retired from service, hence the present petition before this Court.

(3.) After notice, the respondents have filed the return by submitting that vide circular dated 3.5.2017, the General Administration Department (GAD) of the State Government has decided the age of superannuation of Class III & IV employees as 60 and 62 years respectively. Thereafter, vide letter dated 6.2.2018, the Engineer-in-chief Engineer, PHE has classified various posts of the department into Class III & IV categories for the purposes of retirement at the age of 60 and 62 years. Since the petitioner was engaged as Class III daily-rated employee, therefore, he has rightly been retired on attaining the age of 60 years, hence no interference is called for, and the petition is liable to be dismissed.