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2018 Supreme(MP) 261

HEMANT GUPTA, VIJAY KUMAR SHUKLA, SUBODH ABHYANKAR
State of M. P. – Appellant
Versus
Yugal Kishore Sharma – Respondent


Advocates:
P. K. Kaurav, Advocate General with Samdarshi Tiwari, Additional Advocate General and Amit Seth, Government Advocate for appellants/State; Umesh Shrivastava for respondent.

ORDER

Gupta, C.J. -- 1. The present intra-Court appeal is directed against an order passed by the learned Single Bench on 13.8.2014 in Writ Petition No. 4030/2009 (Yugal Kishore Sharma v. State of M.P. and others) whereby the writ petition directed against an order dated 6.3.2009 superannuating the writpetitioner at the age of 60 years was allowed.

2. On 25.9.2017, 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 Writ Appeal No. 686/2016 (State of M.P. v. Smt. Ravi Jain), Writ Appeal No. 690/2016 (State of M.P. v. Smt. Madurima Singh), Writ Appeal No. 726/2016 (State of M.P. v. uuuu Siyaram Sahu), Writ Appeal No. 727/2016 (State of M.P. v. Ku. Shikha Khare), Writ Appeal No. 728/2016 (State of M.P. v. Smt. Usha Awasthy) and Writ Appeal No. 745/2016 (State of M.P. v. 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 `teach





























































































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