1. They are heard.

Petitioner by way of filing this petition before the Tribunal has prayed for the quashment of the orders Annexures A-17 and A-18. The petitioner has further prayed for that his age of superannuation is 60 years and he has wrongly been superannuated on reaching the age of 58 years.

2. The petitioner was employed as a Weaving Master on the vacant post by the Inspector General of Prisons by an order Annexure A-1. The petitioner by an order dated 10th March, 1989 (Annexure A-2) was also regularized on the said post. Thus, there is no dispute that the petitioner was employed on the post of Weaving Master which is a teaching post by the Jail Department.

3. Learned counsel for the petitioner submits that in pursuance of the M.P. Shaskiya Seva (Adhivarshiki Ayu) Adhiniyam, 1967 he being a teacher, has a right to continue till he reaches the age of superannuation.

For the purposes of convenience the said provision is quoted as under:

"( 1-a) Subject to the provisions of sub-rule (2), every Government teacher shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:

Provided that a Government teacher whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.

Explanation :-- For the purpose of this sub-rule "Teacher" means a Government servant by whatever designation called, engaged in teaching in an educational institution including technical or medical institutions, run by Government."

However, the Explanation aforequoted was amended by Act No. 23 of 1987 and it reads as follows:

"Explanation:-- For the purpose of this sub-rule "Teacher" means a Government servant, by whatever designation called, appointed for the purpose of teaching in an educational institution run by the Government including technical or medical education institution in accordance with the recruitment rules applicable to such appointment and shall as include the teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years provided he holds a lien on a posting the concerned School/Collegiate/Technical/ Medical education service."

4. On the basis of the same, learned counsel for the petitioner submitted that the petitioner being a teacher and there being no dispute about the same, the petitioner is entitled to get the benefit of retirement on reaching the age of 60 years.

5. The submission so made by the learned counsel for the petitioner is considered. Merely because the petitioner is a teacher that by itself does not confer any right on the petitioner to be superannuated on reaching the age of 60 years. The explanation which was amended by Act No. 23 of 1987 to the aforesaid provision reads that the "Teacher" means a Government servant by whatever designation called, appointed for the purposes of teaching in an educational institution run by the Government including technical or medical education institution in accordance with the recruitment rules applicable to such appointment and shall also include the teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years.

6. In this case, it has to be seen whether engagement of the petitioner in the Jail Department would be an appointment on the post of teacher in the educational institution including technical or medical education institution in the light of the Explanation amended and attached to the said provision by the Amended Act No. 23 of 1987. There is no dispute in the present case that the petitioner was engaged as a teacher in the Jail Department. Further, it cannot be accepted that the Jail Department is an educational institution including the technical or medical education institution. The Explanation which has been attached to the said provision explains the meaning of t