Smt. Kavita Jamindar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7298 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                ON THE 4 th OF MAY, 2023
                                            WRIT PETITION No. 10448 of 2023

                          BETWEEN:-
                          SMT. KAVITA JAMINDAR W/O LATE DR. PRAVIN
                          JAMINDAR, AGED ABOUT 67 YEARS, OCCUPATION:
                          PENSIONER, EX-ASSISTANT PROFESSOR KASTURBA
                          RURAL INSTITUTE, KASTURBA GRAM, R/O 350-A,
                          SUDAMA NAGAR, INDORE (MADHYA PRADESH)

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

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

                          2.    THE      COMMISSIONER,     GOVERNMENT   OF
                                MADHYA RPADESH DEPARTMENT OF HIGHER
                                E D U C AT I O N , SATPURA BHAWAN, BHOPAL
                                (MADHYA PRADESH)

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

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

                                                                                  .....RESPONDENTS
                          ( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 5/6/2023
3:55:35 PM
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                                                                 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 quash the impugned order dated 1.2.2021(Annexure-P/8) issued by respondent No.2, by a writ of CERTIORARI or any other appropriate writ, direction or order; c.) to command the respondents to treat the petitioner to have retired from the post of Assistant Professor in Child Development upon attaining the age of superannuation to be 65 years i.e. w.e.f. 31.10.2020 and to make payment of salary and allowances to the petitioner for the period 1.11.2017 to 2.12.2018 by extending him benefit o f order dated 26.02.2020 (Annexure-P/7) 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;

d. to allow this petition with costs;

e. to 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 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. Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 5/6/2023 3:55:35 PM

Learned counsel for the respondent/State fairly submits that petitioner stands superannuated in 2020 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, he 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.

(S. A. DHARMADHIKARI) JUDGE

pn

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 5/6/2023 3:55:35 PM