BHAGWAT PRASAD SUKHAINRAM CHOUBE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner in this case, who is employed as Head- Master in Primary School, Sunarhai, Jabalpur, challenges the validity of an order passed by the District Education Officer, Jabalpur, with regard to his retirement from service as a result of the amendment of Rule 55 of the Fundamental Rules reducing the age of retirement from 58 to 55.

(2.) THE applicant was before 1st October 1963 in the employment of the Municipal Corporation, Jabalpur, as a primary-school teacher. In 1963 the State Government raised the age of superannuation of Government servants from 55 to 58, Following this action of the State Government, the Municipal Corporation also decided to raise the age of retirement of its employees from 55 to 58. On 24th April 1963 the Standing Committee of the Corporation passed a resolution deciding to raise the age of retirement in conformity with the Government's decision. On 1st October 1963 the petitioner was absorbed in Government service under the Madhya Pradesh Local Authorities' School Teachers (Absorption in Government Service) Act, 1963.

(3.) IN our judgment, this petition must be dismissed. The applicant founds himself solely on the proviso to section 10 (2) of the School Teachers (Absorption in Government Service) Act, 1963, and the resolution passed by the Standing Committee of the Corporation on 24th April 1963. Section 10 of the aforesaid Act is as follows:-