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 bi