STATE OF MADHYA PRADESH Vs. YUGAL KISHORE SHARMA
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
STATE OF MADHYA PRADESH
Yugal Kishore Sharma
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HEMANT GUPTA,J. -
(1.) The present intra-Court appeal is directed against an order passed by the learned Single Bench on 13.08.2014 in W.P. No. 4030/2009 ( Yugal Kishore Sharma vs. State of M.P. and others ) whereby the writ petition directed against an order dated 06.03.2009 superannuating the writ- petitioner at the age of 60 years was allowed.
(2.) On 25.09.2017, a Division Bench of this Court while hearing the present appeal along with a bunch of intra-Court appeals involving the identical questions of law and fact such as W.A. No.686/2016 ( State of M.P. vs. Smt. Ravi Jain ), W.A. No.690/2016 ( State of M.P. vs. Smt. Madurima Singh ), W.A. No.726/2016 ( State of M.P. vs. uuuuSiyaram Sahu ), W.A. No.727/2016 ( State of M.P. vs. Ku. Shikha Khare ), W.A. No.728/2016 ( State of M.P. vs. Smt. Usha Awasthy ) and W.A. No.745/2016 ( State of M.P. vs. Smt. Durga Jaiswal ), has referred the following questions for the opinion of the Larger Bench:-
(1) Whether the writ-petitioners who are not designated and classified in the cadre of a 'teacher' under relevant Recruitment Rules but, are engaged in teaching or imparting training, can be held to be a 'teacher' for the purpose of the age of superannuation under Fundamental Rule 56?
(2) Whether training centres, nursing centres, vocational training centres and Yoga centres of the State Government can be held to be an 'educational institution' for extending the benefit of age of superannuation to a person imparting training in these institutions, under Fundamental Rule 56?
(3.) Learned Advocate General appearing for the appellants-State submits that the services of all the writ-petitioners are governed by Madhya Pradesh Panchayat & Social Welfare Class-III (Executive) Service Recruitment Rules, 1967 (for short "the Rules") as the writ-petitioners are appointed in the Social Welfare Department. It is contended that there is no writ-petition relating to Nursing Centres or Yoga Centres, therefore, Question No.(2) requires to be modified so as to delete the reference made to Nursing Centres and Yoga Centres. Since there is no dispute regarding the said fact, therefore, Question No.(2) stands modified to that extent.;
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