Dr. (Smt.) Artee Vaish vs The State Of Madhya Pradesh
2023 Latest Caselaw 5239 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 29 th OF MARCH, 2023
                                           WRIT PETITION No. 6432 of 2023

                         BETWEEN:-
                         DR. (SMT.) ARTEE VAISH W/O SHRI RAMSWAROOP
                         SARAF, AGED ABOUT 72 YEARS, OCCUPATION:
                         RETIRED ASSISTANT PROFESSOR IN SANSKRIT IN
                         SHRI SATYA SAI WOMEN COLLEGE HABIBGANJ
                         HABIBGANJ BHOPAL (MADHYA PRADESH)

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

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE   PRINCIPAL    SECRETARY  TO   THE
                               GOVERNMENT      OF    MADHYA   PRADESH
                               DEPARTMENT OF HIGHER EDUCATION VALLABH
                               BHAWAN, BHOPAL (MADHYA PRADESH)

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

                         3.    THE EDUCATION OFFICER AND PRINCIPAL
                               GOVERNMENT     HAMIDIYA   ARTS   AND
                               COMMERCE COLLEGE GINNORI ROAD HATHI
                               KHANA    BUDHWARA   BHOPAL   (MADHYA
                               PRADESH)

                         4.    THE     PRINCIPAL SHRI SATYA SAI WOMEN
                               C O L L E G E HABIBGANJ BHOPAL (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI A.REJESHWAR RAO- GOVERNMENT ADVOCATE)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                          ORDER

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/3/2023 10:58:03 AM

(Heard through Video Conferencing) 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 Sanskrit subject upon attaining the age of superannuation to be 65 years and to make payment of salary and allowance to the petitioner for the period 62 to 65 years by extending her benefits of order dated

26.02.2020 (Annexure-P/3) 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 the 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-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 in Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/3/2023 10:58:03 AM

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 2013 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.

Petition stands allowed and disposed of in view of the above terms. C. C. as per rules.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/3/2023 10:58:03 AM