Smt. Sulbha Joshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 19985 MP

Madhya Pradesh High Court

Smt. Sulbha Joshi vs The State Of Madhya Pradesh on 29 November, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        WP No. 29459 of 2023
                                       (SMT. SULBHA JOSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 29-11-2023
                                 Shri Kamlesh Mandloi - Advocate for petitioner.

                                 Ms. Pranjali Yajurvedi - GA for respondent No.1 to 3 on advance

notice.

The petitioner who is working as a Teacher in Government aided institution M.P. Drishtiheen Kalyan Sangh, is aggrieved by the impugned order dated 13.5.2023 whereby he has been directed to be superannuated from

service on attaining the age of 60 years with effect from 30th November, 2023.

Counsel for petitioner submits that the issue regarding age of superannuation in respect of a teacher working in government aided institution has been decided by the co-ordinate bench in the case of Ajit Prasad Vs. State of MP & Ors WP No.4701/2017 and other connected petitions decided on 21.8.2018 whereby the Circular dated 9.12.1974 has been considered and it has been held that teacher of aided institution is entitled to continue till the age of 62 years. He further submits that the issue has been decided by the Apex Court in the case of Dr. Jacob Thudipara Vs. State of MP (2022) 7 SCC 764 . He

also placed reliance on an interim order dated 8.11.2023 passed by co-ordinate bench in WP No.28454/2023.

Issue notice to the respondents on payment of PF within seven working days by registered a.d. with due acknowledgement returnable within six weeks.

Considering the aforesaid judgments and the interim order passed by the co-ordinate bench, the operation of the impugned order dated 13.5.2023 shall remain stayed.

List the matter for analogous hearing with WP No.28454/2023. c.c today.

(VIJAY KUMAR SHUKLA) JUDGE

VM