Smt. Siya Dulari vs The State of Madhya Pradesh

K.K. Trivedi, J.—Heard on the question of admission.

Issue notice.

Shri S. Verma, learned Govt. Advocate appeared and waives notices on behalf of respondents.

As the matter is covered by a decision rendered by this Court in the case of Vishnu and Others Vs. State of Madhya Pradesh and Others, , the matter is heard finally.

It is contended by the petitioner that her late husband was in the services of the respondents as a Gangman and was made to retire prematurely on completing 30 years of service with effect from 31.12.2001. The issue whether such a circular was applicable in case of a Gangman or not was looked into by this Court in the case of Vishnu Mutiya (supra) and it was held that the Gangman would be entitled to continue in the employment upto the age of 62 years and the said circular would not be attracted in their cases.

Such a contention raised by learned counsel for the petitioner is not opposed by learned counsel for the respondents, but it is stated that such facts are required to be examined.

Keeping in view the aforesaid and in view of the fact that in W.P. No. 1234/2010(s) (Totya and others Vs. State of M.P. and others), this Court has passed an order on 19.2.2010 granting relief, this writ petition is disposed of in the same terms. The directions contained in the order dated 19.2.2010 in W.P. No. 1234/2010(s) reads thus:-

Having heard learned counsel for the parties and on considering the facts that have come on record, it is clear that petitioners were entitled to work upto the age of 62 years, however, they have been retired on attaining the age of 60 years which was not proper in the light of law laid down by the Full Bench in the case of Vishnu Mutiya (supra). However, as the petitioners have slept over their right and have not approached this Court and have filed this petition after more than 8 years, they are not entitled to arrears of wages. They shall be deemed to have been retired at the age of 62 years and treating them to have so retired proforma pay fixation be granted to them and thereafter their pensionary benefits and other monetary dues calculated on such proforma pay fixation treating them to have retired at the age of 62 years all benefits be extended except actual salary for the intervening period of two years.

The writ petition stands disposed of in the same terms and the directions which would be applicable in the case of petitioner mutatis mutandis.