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2018 Supreme(MP) 127

HEMANT GUPTA, VIJAY KUMAR SHUKLA, SUBODH ABHYANKAR
State of Madhya Pradesh – Appellant
Versus
Yugal Kishore Sharma – Respondent


Advocates Appeared:
For the Appellants :Shri P.K. Kaurav, Advocate General with Shri Samdarshi Tiwari, Additional Advocate General and Shri Amit Seth, Government Advocate
For the Respondents:Shri Umesh Shrivastava, Advocate

ORDER :

Hemant Gupta, CJ.

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. Siyaram 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 un





























































































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