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2021 Supreme(MP) 420

SHEEL NAGU, ANAND PATHAK
Salil Kumar Saxena – Appellant
Versus
State of M. P. – Respondent


Advocates:
Anvesh Jain for appellant; Ankur Mody, Additional Advocate General for respondent No. 1/State; Shailendra Singh Kushwaha for respondent No. 2

JUDGMENT

Pathak, J. -- 1. Instant appeal is being preferred against the order dated 9.4.2019 passed by the learned writ Court in Writ Petition No.3742/2019, whereby writ petition preferred by the petitioner/appellant has been dismissed at the motion stage itself without any issuance of notice over other side.

2. Precisely stated the facts of the case are that the petitioner was aggrieved by the order dated 1.12.2018 by which the respondent No.2 intended to superannuate the petitioner on attaining the age of 60 years and did not extend the benefits of 62 years to the petitioner, in spite of the fact that Statement Government has amended the provisions of Madhya Pradesh Shaskiya Sewak (Adhiwarshikiya Aayu) Sanshodhan Adhiniyam, 2018 and by way of amendment dated 11.7.2018 enhanced the age of superannuation from 60 years to 62 years.

3. It is the submission of learned counsel for the appellant that State Government has amended the provisions of Madhya Pradesh Shaskiya Sewak (Adhiwarshikiya Aayu) Sanshodhan Adhiniyam, 2018 and passed the Sanshodhan Adhiniyam, 2018 by way of gazette notification dated 11.7.2018.

4. The petitioner is holding the post of Sub-Engineer in M.P. Warehousing a

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