Madhya Pradesh High Court
Jagat Bahadur Singh vs Hukum Chand Jute Mills Prathmik ... on 4 September, 2023
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 4 th OF SEPTEMBER, 2023
WRIT PETITION No. 19828 of 2018
BETWEEN:-
JAGAT BAHADUR SINGH S/O LATE SRI LAL JI SINGH,
AGED ABOUT 60 YEARS, OCCUPATION: ASSISTANT
TEACHER, R/O. VILLAGE CHOTA TIKAT (TIKATH
KHURD), POST MAWAI, DISTRICT- SIDHI (MADHYA
PRADESH).
.....PETITIONER
(BY SHRI PURUSHOTTAM NARAIN PATHAK - ADVOCATE )
AND
1. HUKUM CHAND JUTE MILLS PRATHMIK SALA
SAMITI, AMLAI, A REGISTERED EDUCATION
SOCIETY, THROUGH THE SECRETARY, H.J.M.
PRATHMIK SALA SAMITI, P.O. AMALI PAPER
MILLS, DISTT. ANNUPPUR (MADHYA PRADESH).
2. PRESIDENT, H.J.M. PRATHMIK SALA SAMITI,
PRESENTLY SHRI A.K.PUROHIT, CHIEF
PRODUCTION MANAGAR, O.P.M AND
INDUSTRIES, CAUATIC DIVISION, AMLAI,
P.O.O.P.M. AMLAI, DIST ANUPPUR (MADHYA
PRADESH).
3. GENERAL MANAGER, ORIENT PAPER MILL
CAUATIC DIVISION AND PATRON, H.J.M.
PRATHMIK SALA SAMITI AMLAI, POST O.P.M.
AMLAI, DISTRICT- ANNUPUR (MADHYA
PRADESH).
4. DISTRICT EDUCATION OFFICER SHAHDOL,
DISTRICT - SHAHDOL (MADHYA PRADESH).
.....RESPONDENTS
(BY SHRI RAJNEESH GUPTA - ADVOCATE FOR THE RESPONDENTS NO.1
TO 3.
SHRI K.S. BAGHEL - ADVOCATE FOR RESPONDENT NO.4 )
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 9/8/2023
10:42:50 AM
2
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed
seeking the following reliefs :
"7.1 The Hon'ble High Court be pleased to
quash/set aside impugned superannuation notice
dated 15.05.2018 Annexure P/6; and hold that
petitioner is entitled to work with full service
benefits till he attains the age of 62 years ;
7.2 The Hon'ble High Court be further pleased to
hold that the petitioner is entitled to full salary and
other service benefits from 07.07.2018; for the
period he is not allowed to work till he is 62 years
of age with penal interest at 12% thereon; and
direct the respondents to pay the same ;
7.3 The Hon'ble High Court be further direct the
respondents to pay to the petitioner arrears of
Salary with allowance of VIth pay scale from
January 2006 and that of VIIth pay scale from
January 2016; with interest thereon at 12%.
7.4 To grant the petitioner any other relief as
deemed fit in the fact and circumstances of the
case including the cost of this litigation."
2. It is submitted by learned counsel for the petitioner that the petitioner
was working as Assistant Teacher in a private non-aided but recognised school.
3. The co-ordinate Bench of this Court by order dated 23.01.2002
passed in W.P. No.4039/2001 in the case of Triveni Prasad Patel Vs.
Hukum Chand Jute Mill Prathmik Sala Samiti and Others has held that
the Assistant teacher working in a private school is entitled to continue upto the
age of 62 years and accordingly, it is submitted that this case is duly covered by
order passed by the co-ordinate Bench of this Court in the case of Triveni
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 9/8/2023
10:42:50 AM
Prasad Patel (supra).
4. Per contra, petition is vehemently opposed by learned counsel for
respondents. It is submitted that the Supreme Court in the case of St. Mary's
Education Society and another Vs. Rajendra Prasad Bhargava and
Others decided on 24.08.2022 in Civil Appeal No.5789/2022 has held that
the writ petition against a private school is not maintainable.
5. In reply, it is submitted by Shri Pathak that once a person who was
similarly situated was granted liberty by directing the respondents to continue
him upto to the age of 62 years, therefore, the order passed in the case of
Triveni Prasad Patel (supra) is binding.
6. Heard the learned counsel for parties.
7. So far as the aforesaid contention made by learned counsel for the
petitioner is concerned, it is suffice to mention here that the judgments passed
by the Supreme Court are retrospective in operation unless and until it is
specifically made prospective. It is true that this Court may not be able to
reopen the judgments passed in the case of Triveni Prasad Patel (supra) on
the basis of the judgment pronounced by the Supreme Court in the case of St.
Mary's Education Society (supra) but the law laid down by the Supreme
Court in the case St. Mary's Education (supra) would apply to all pending
cases. In these circumstances, petition is dismissed as not maintainable.
8. However, the petitioner shall be free to take up the issue with the
Madhya Pradesh Higher Secondary Board or the State or may avail any other
legal remedy available to him in accordance with the law. It is made clear that
this Court has not considered merits of the case and the entitlement of the
petitioner to continue upto the age of 62 years has not been decided.
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 9/8/2023
10:42:50 AM
(G.S. AHLUWALIA)
JUDGE
RC
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 9/8/2023
10:42:50 AM
