Mrs. Lata Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 7051 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT INDORE
                           BEFORE
               HON'BLE SHRI JUSTICE VIVEK RUSIA
                      ON THE 1 st OF MAY, 2023
                  WRIT PETITION No. 9664 of 2023

BETWEEN:-
MRS. LATA SHRIVASTAVA W/O LATE DR. RAKESH
SHRIVASTAVA, AGED ABOUT 68 YEARS, OCCUPATION:
RETIRED ASSISTANT PROFESSOR 103, ONYX SILVER
SPRING, PHASE II, BYPASS ROAD, INDORE (MADHYA
PRADESH)

                                                          .....PETITIONER
(BY SHRI L.C. PATNE LEARNED COUNSEL FOR THE PETITIONER.)

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

2.    THE COMMISSIONER, GOVERNMENT OF M.P.
      DEPARTMENT OF HIGHER EDUCATION SATPURA
      BHAWAN, BHOPAL (MADHYA PRADESH)

3.    THE EDUCATION OFFICER AND PRINCIPAL
      GOVERNMENT MATA JEEJABAI PG GIRLS
      COLLEGE CAMPUS, MOTI TABELA, INDORE
      (MADHYA PRADESH)

4.    THE PRINCIPAL KASTURBA RURAL INSTITUTE
      KASTURBA GRAM INDORE (MADHYA PRADESH)

                                                       .....RESPONDENTS
(BY SHRI SUDARSHAN JOSHI, LEARNED GOVT. ADVOCATE FOR
RESPONDENTS/STATE ON ADVANCE COPY.)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                 ORDER

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 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 Govt. Advocate for the respondent/State submits that petitioner stands superannuated in January, 2019 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.

With the aforesaid, this petition stands allowed and disposed of in view

of the above terms.

(VIVEK RUSIA) JUDGE Alok

Digitally signed by ALOK GARGAV Date: 2023.05.02 12:00:36 +05'30'