Madhya Pradesh High Court
Ku. Chandan Jain vs The State Of Madhya Pradesh on 13 April, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 13 th OF APRIL, 2023
WRIT PETITION No. 8578 of 2023
BETWEEN:-
KU. CHANDAN JAIN D/O LATE SHRI ANANTLALJI JAIN,
AGED ABOUT 70 YEARS, OCCUPATION: RETIRED R/O B-
187, IDA, SCHEME NO. 134, STAR SQUARE BEHIND
BANK OF INDIA NIPANIYA INDORE (MADHYA
PRADESH)
.....PETITIONER
(SHRI L. C. PATNE, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, GOVT. OF M.P.
DEPARTMENT OF HIGHER EDUCATION,
VALLABH BHAWAN, MANTRALAYA BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER GOVERNMENT OF
MADHYA PRADESH, DEPARTMENT OF HIGHER
E D U C AT I O N SATPURA BHAWAN, BHOPAL
(MADHYA PRADESH)
3. THE REGIONAL ADDITIONAL DIRECTOR OF
HIGHER EDUCATION INDORE DIVISION,
GOVERNMENT MATA JEEJABAI P.G. GIRLS
COLLEGE CAMPUS, MOTI TABELA, INDORE
(MADHYA PRADESH)
4. THE EDUCATION OFFICER AND PRINCIPAL
GOVERNMENT JAWAHARLAL NEHRU COLLEGE
NEPANAGAR, NEAR BID COLONY BHAWANI
NAGAR, NEPANAGAR DIST. BURHANPUR
(MADHYA PRADESH)
5. THE PRINCIPAL SAIFEE GOLDEN JUBILEE
QUADERIA COLLEGE BURHANPUR, BURHANPUR
(MADHYA PRADESH)
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 4/13/2023
6:42:37 PM
2
6. DEVI AHILYA UNIVERSITY THROUGH ITS
REGISTRAR R.N.T. MARG, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
( MS. PRANJALI YAJURVEDI, LEARNED PANEL LAWYER FOR THE
RESPONDENTS/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioner preferred this petition under Article 226 of the
Constitution of India seeking following reliefs:-
"a. To call for the relevant records of the case from the
respondents.
b. To command the respondents to treat the petitioner to
have retired from the post of Assistant Professor in Home
Science subject upon attaining the age of superannuation
to be 65 years i.e. w.e.f 31.8.2015 and to make payment
of salary and allowance to the petitioner for the period
13.8.2012 to 31.08.2015 by extending her benefits of
order dated 26.02.2020 (Annexure-P/4) issued by
respondent no.1 and to release arrears thereof along with
interest @ 12 % per annum by a writ of MANDAMUS or
any other appropriate writ, direction or order;
c. allow this petition with costs;
d. pass such other orders(s) as may be deemed
appropriate in the facts and circumstances of the case, to
grant relief to the petitioner."
At the very outset, learned counsel for the petitioner referred
t h e judgment passed by the Apex Court in the case of Dr.
R.S.Sohane Vs. State of M.P. and Others (2019) 16 SCC 796
and submits that the controversy involved herein is no longer res-
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 4/13/2023
6:42:37 PM
integra and has been concluded by the Apex Court by holding that
teachers of Grant-in-aided colleges are also entitled to get the
benefit of superannuation till age of 65 years. He seeks parity vis-a-
vis the said order. He also relied upon the order dated 05.07.2022
passed i n W.P.No.11715/2022(Dr. Abdul Haleem Khan and
Others Vs. The State of M.P. and Others ) and seeks parity. He
refers the fact that the order dated 05.07.2022 as referred above
has been complied with.
Learned counsel for the respondent/State fairly submits that
petitioner stands superannuated in 2012 and the objection of the
delay, if any, raised by the Government stands negatived in view of
the order 22.08.2022 passed in Civil Appeal No.5542/2022(Dr.
Virendra Kumar Swarnkar Vs. The State of M.P. and Others )
wherein this aspect has been dealt with in para-5 of the said order.
Learned counsel for the petitioner opposed the prayer but
could not dispute in passing of the said order.
Considering the submissions and the facts that the
controversy involved herein has already been decided conclusively
by the Apex Court in the judgement as referred above, therefore,
this Court intends to allow the petition in view of the judgments
passed by the Apex Court and by the co-ordinate Bench of this
Court. Petitioner shall be entitled to for the benefits as enumerated
into the said judgments. However, she shall not be entitled for any
interest part because of late arrival in litigation.
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 4/13/2023
6:42:37 PM
Petition stands allowed and disposed of in view of the above
terms.
C. C. as per rules.
(S. A. DHARMADHIKARI)
JUDGE
pn
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 4/13/2023
6:42:37 PM
