Dr. (Smt.) Rashmi Balchandani vs The State Of Madhya Pradesh
2023 Latest Caselaw 21805 MP

Madhya Pradesh High Court

Dr. (Smt.) Rashmi Balchandani vs The State Of Madhya Pradesh on 19 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 19 th OF DECEMBER, 2023
                                             WRIT PETITION No. 31103 of 2023

                           BETWEEN:-
                           DR. (SMT.) RASHMI BALCHANDANI W/O LATE SHRI
                           HARISH KUMAR BALCHANDANI, AGED ABOUT 71
                           Y E A R S , OCCUPATION:  RETIRED,     ASSISTANT
                           PROFESSOR IN HINDI IN MATESHWARI SUGNI DEVI
                           GIRLS DEGREE COLLEGE, PARDESHIPURA, INDORE
                           161-A, BASANT VIHAR COLONY, VIJAY NAGAR, INDORE
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI L. C. PATNE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY   DEPARTMENT   OF   HIGHER
                                 EDUCATION VALLABH BHAWAN MANTRALAYA
                                 BHOPAL (MADHYA PRADESH)

                           2.    COMMISSIONER    OF HIGHER    EDUCATION
                                 SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    EDUCATION      OFFICER   AND   PRINCIPAL
                                 G O VER N M EN T MATA JIJABAI GIRLS PG
                                 COLLEGE MOTI TABELA INDORE (MADHYA
                                 PRADESH)

                           4.    PRINCIPAL DEVI AHILYA VISHWAVIDYALAYA
                                 MATEHSWARI SUGNI DEVI GIRLS COLLEGE
                                 PARDESHIPURA INDORE (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD - G.A. FOR THE RESPONDENTS ON ADVANCE
                           NOTICE)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 19-12-2023
17:51:09
                                                               2
                                                               ORDER

The petitioner is aggrieved by inaction on the part of the respondent in not extending the benefit of order dated 26/2/2020 passed by respondent No.1 in view of the judgment passed by the Apex Court in the case of Dr R.S. Sohane Vs. State of M.P. and Ors. reported in (2019) 16 SCC 796 holding that the teachers of Government aided colleges are entitled for age of superannuation of 65 years and further held them entitled for payment of salary and allowances for the period 62-65 years during which they remained out of employment on account of enforcement of illegal retirement order.

2. The case of the petitioner regarding his payment of salary and

allowances has been forwarded by respondent No.4 to the respondent No.2 v id e Annexure P-3 and Annexure P-4 dated 13/7/2023 and 23/9/2023 respectively.

3. After hearing learned counsel for the parties and considering the aforesaid documents annexed alongwith the petition, the present petition is disposed off with a direction to the respondent No.2 to consider and decide the claim of the petitioner for salary and allowances for the period of superannuation from 62-65 years in the light of the judgment passed in the case of Dr. R.S. Sohane(supra) and Annexure P-2 dated 26/2/2020 issued by the Higher Education Department, within period of 2 months from the date of filing of the copy of the order passed today. If the petitioner is found to be entitled, the same shall be paid forthwith by the respondents and in case if the petitioner is not found entitled, the respondent No.2 shall pass a reasoned and speaking order and the same shall be communicated to the petitioner.

Cc as per rules.

(VIJAY KUMAR SHUKLA) JUDGE Pramod