Madhya Pradesh High Court

Dr.Izhar Munshi vs The State Of Madhya Pradesh on 2 June, 2025

           NEUTRAL CITATION NO. 2025:MPHC-IND:13948




                                                             1                             WP-14936-2025
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
                                                   ON THE 2 nd OF JUNE, 2025
                                               WRIT PETITION No. 14936 of 2025
                                         DR.IZHAR MUNSHI S/O K.C. MUNSHIJI
                                                      Versus
                                    THE STATE OF MADHYA PRADESH AND ANOTHER
                         Appearance:
                                  Petitioner by Shri Anand Agrawal - Advocate.
                                  Respondent - State of Madhya Pradesh by Shri Bhuwan Deshmukh -
                         Government Advocate appearing on behalf of the Advocate General.

                                                                 ORDER

With the consent of the parties, the petition is heard finally at motion stage.

2. The petitioner has filed the present petition challenging order dated 12.03.2025 (Annexure P/1) passed by the respondent No.1 thereby retiring the petitioner w.e.f. 31.05.2025 on completing the age of 62 years.

3. Learned counsel appearing for the petitioner submits that order

dated 12.03.2025 is in violation of provisions of amendments which have been made in Section 2 (a) of Madhya Pradesh Shaskiya Sevak (Adhivarshiki-Ayu) Sansodhan Adhiniyam, 1967 and also in terms of Rule 56 of the Fundamental Rules. He further contended that the petitioner is entitled to continue in service up to the age of 65 years and his case is covered by the judgment passed by the Division Bench of this Court in the

NEUTRAL CITATION NO. 2025:MPHC-IND:13948

2 WP-14936-2025 case of Dr. Kantilal Sahu and Another Vs. State of M.P. & Another in W.P. No. 5237/2012.

4. Learned counsel for the petitioner, therefore, prays for the petition may be disposed of in the same terms as has been issued in W.P. No. 5237/2012.

5. Learned Government Advocate, who appeared on behalf of the State, does not oppose the contention that the case is squarely covered by the judgment passed by the Division Bench of this Court.

6. In view of the submissions made by learned counsel for the parties, the petition filed by the petitioner is allowed in the same terms as passed by this Court in W.P. No.5237/2012. The petition is allowed. The impugned order dated 12.03.2025 (Annexure P/1) so far as it relates to the petitioner is

quashed and the respondents are directed to continue the petitioner in service up to the age of 65 years. Respondents are also directed to grant all consequential benefits. There shall be no order as to costs.

7. With the aforesaid, the petition stands allowed and disposed of. IA No.4964 of 2025 , an application for urgent hearing during summer vacation stands allowed and disposed off.

Pending interlocutory application, if any, also stands disposed off.

(PAVAN KUMAR DWIVEDI) VACATION JUDGE

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