Ram Dayal Kewat vs The State of Madhya Pradesh

Sanjay Yadav, J.—I.A. No. 720/2013; whereby, petitioner files transfer certificate indicating his date of birth as 6.11.1952 and the circular No. C-5-1/2012/1/3 dated 9.11.2012 are taken on record. Vide circular dated 9.11.2012, Government of Madhya Pradesh through its General Administration Department took a policy decision that Class III and IV person employed on daily wages would hence-forth retire from service w.e.f. the date they complete 60 years and 62 years respectively. These orders are subsequently circulated in various departments. In the Water Resources the order has been circulated on 23.112012. Taking advantage thereof the petitioner whose date of birth is 6.11.952 and completed his 60 years as on 6.11.2012 files this petition challenging his retirement and seeks direction to the respondents to continue him till 62 years of age.

Apparently, the policy decision to retire Class III and Class IV daily wage worker/employee, respectively on their completion of 60 years and 62 years of age was taken on 9.11.2012. The policy thus comes into force from the date of executive fiat and not from any future date and nor even from the date it is circulated in various departments of the State because the same is only a ministerial act.

In view whereof petitioner who completed 60 years prior to coming into force of circular dated 9.11.2012 cannot claim the benefit of extended age of retirement. In the result petition fails and is hereby dismissed. No costs.