With the consent of learned counsel for the parties, the writ petition is

heard finally.

2. The singular point needs determination in this case is regarding the age

of retirement of petitioner working as Sahayak Adhyapak in Adhyapak

Samvarg (cadre).

3. The petitioner was working as Shiksha Karmi, Grade-III and by order

dated 11.10.2007 (Annexure RJ-1), he was absorbed as Sahayak Adhyapak.

The respondents by order dated 18.10.2016 (Annexure P-1) retired the

petitioner on attaining the age of 60 years.

4. Shri Sanjay Singh, learned counsel for the petitioner submits that after

having been absorbed as Sahayak Adhyapak, the petitioner's services are

governed by statutory rules namely Madhya Pradesh Panchyat Adhyapak

Samvarg (Employment & Conditions of Services) Rules 2008 made in

exercise of power confirmed under Sub Section 1 of Section 95 r/w Sub

Section 2 of Section 70 of M.P. Panchyat Raj Avam Gram Swaraj

Adhiniyam 1993. As per Rule 8 (d), r/w Schedule-I, of Rules of 2008, the

petitioner's post (Sahayak Adhapak) is classified in 'Adhyapak Samvarg' and,

therefore, he was entitled to retire on attaining the age of superannuation on

completion of 62 years of service. The respondents ha