Dr. Surendra Kumar Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 18220 MP

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                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                    BEFORE
                                              JUSTICE SUJOY PAUL
                                         ON THE 1 st OF NOVEMBER, 2023
                                         WRIT PETITION No. 19037 of 2013

                         BETWEEN:-
                         DR. SURENDRA KUMAR RAI S/O LATE DILRAJ SINGH
                         RAI, AGED ABOUT 62 YEARS, OCCUPATION: ASSISTANT
                         PROFESSOR (POLITICAL SCIENCE) SHRAMDHAM ARTS
                         AND COMMERCE COLLEGE, KYMORE (MADHYA
                         PRADESH)

                                                                              .....PETITIONER
                         (BY SHRI L. C. PATNE - ADVOCATE WITH SHRI ABHAY PANDEY -
                         ADVOCATE )

                         AND
                         1.    THE STATE OF MADHYA PRADESH TH. PRINCIPAL
                               SECRETARY, DEPTT. OF HIGHER EDU. VALLABH
                               BHAWAN, BHOPAL (MADHYA PRADESH)

                         2.    COM M ISSION ER DEPARTMENT OF HIGHER
                               EDUCATION    SATPURA   BHAVAN BHOPAL
                               (MADHYA PRADESH)

                         3.    RANI DURGAVATI UNIVERSITY THROGH: ITS
                               REGISTRAR PACHPEDU JABALPUR (MADHYA
                               PRADESH)

                         4.    SHRAMDHAM ARTS AND COMMERCE COLLEGE
                               K Y M O R E SRAMDHAM    SEWA   SANSTHAN
                               KYMORE DISTT. KATNI (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                         (SHRI JUBIN PRASAD - PANEL LAWYER FOR STATE, SHRI N. S. RUPRAH-
                         ADVOCATE FOR RDVV/RESPONDENT NO.3 AND G.S. BAGHEL -
                         ADVOCATE FOR RESPONDENT NO.4 )

                                          WRIT PETITION No. 916 of 2012

                         BETWEEN:-
Signature Not Verified
Signed by: MANJU
Signing time:
11/2/2023 1:42:55 PM
                                                     2
                         A.K. DUBEY S/O LATE SHRI SHALIGRAM JI DUBEY,
                         AGED ABOUT 61 YEARS, OCCUPATION: ASSISTANT
                         PROFESSOR SHRAMDHAM ARTS AND COMMERCE
                         COLLEGE KYMORE (MADHYA PRADESH)

                                                                              .....PETITIONER
                         (BY SHRI AMAL PUSH SHROTI - ADVOCATE)

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

                         2.    COMMISSIONER DEPTT. OF HIGHER EDUCATION
                               SATPURA  BHAVAN,     BHOPAL,   (MADHYA
                               PRADESH)

                         3.    RANI   DURGAVATI  UNIVERSITY TH.    ITS
                               REGISTRAR, PACHPEDHI, JABALPUR, (MADHYA
                               PRADESH)

                         4.    SHRAMDHAM ARTS AND COMMERCE COLLEGE,
                               KYMORE, TH. ITS. CHAIRMAN, COLLEGE RUN BY
                               SHRAMDHAM SEWA SAMSTHAN KYMORE,
                               KATNI. (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                         (SHRI JUBIN PRASAD - PANEL LAWYER FOR STATE, SHRI N. S. RUPRAH-
                         ADVOCATE FOR RDVV/RESPONDENT NO.3 AND G.S. BAGHEL -
                         ADVOCATE FOR RESPONDENT NO.4 )

                                         WRIT PETITION No. 3425 of 2012

                         BETWEEN:-
                         DR. SMT. LAXMI PATHAK W/O LATE SHRI KAMLESH
                         KUMAR OCCUPATION: PRINCIPAL SHRAMDHAM ARTS
                         AND COMMERCE COLLEGE KYMORE (MADHYA
                         PRADESH)

                                                                              .....PETITIONER
                         (BY SHRI AMAL PUSH SHROTI - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THR THE
                               PRINCIPAL SECRETARY HIGHER EDUCATION
                               DEPARTMENT , VALLABH BHAWAN , BHOPAL
Signature Not Verified
Signed by: MANJU
Signing time:
11/2/2023 1:42:55 PM
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                               (MADHYA PRADESH)

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

                         3.    RANI DURGAVATI UNIVERSITY TH. REGISTRAR,
                               PACHPEDHI, JABALPUR, (MADHYA PRADESH)

                         4.    SHRAMDHAM ARTS AND COMMERCE COLLEGE,
                               KYMORE, TH. ITS PRESIDENT, KATNI, (MADHYA
                               PRADESH)

                                                                                       .....RESPONDENTS
                         (SHRI JUBIN PRASAD - PANEL LAWYER FOR STATE, SHRI N. S. RUPRAH-
                         ADVOCATE FOR RDVV/RESPONDENT NO.3 AND G.S. BAGHEL -
                         ADVOCATE FOR RESPONDENT NO.4 )

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                                ORDER

Regard being had to the similitude of the question involved, on the joint request of learned counsel for the parties, writ petitions are analogously heard and decided by this common order.

2. The singular question is involved regarding age of superannuation of the petitioners/ Teachers who are working in aided institution.

3. During the course of hearing, learned counsel for the parties reached to a consensus and it is agreed that the singular question involved is squarely covered by the judgment of Supreme Court reported in 2019 (16) SCC 796 (R. S. Sohane vs. State of M.P.) and co-ordinate Bench in W.P.No.21567 of

2021 (Dr. Achyuta Nand Shukla vs. State of M.P. & others) has followed the said judgment and set aside the impugned order of retirement.

4. Learned counsel for the parties agreed that since these batch of petitions are squarely covered by R. S. Sohane (supra), same may be decided as per ratio decidendi of said case.

Signature Not Verified Signed by: MANJU Signing time:

11/2/2023 1:42:55 PM

5. Resultantly, it is declared that the age of superannuation of all these petitioners shall be 65 years. Any order impugned by which they were retired prior in time shall stand quashed. Respondents shall reap all consequential benefits as if they remained in employment till attaining the age of 65 years.

6. This order shall be implemented by the respondents within 90 days from the date of receipt of copy of this order.

7. These petitions are allowed and disposed of.

(SUJOY PAUL) JUDGE manju

Signature Not Verified Signed by: MANJU Signing time:

11/2/2023 1:42:55 PM