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 have committed an error

by holding that since his total period of service is less than 20 years, he is

bound to retire on attaining the age of 60 years. For this purpose, the F.R. 56

(1-A) is also relied upon.

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5. Shri Pranjal Diwakar, learned Panel Lawyer for the respondent-State of

M.P. opposed the prayer on the basis of return.

6. Para-3 of the return reads as under:-

"The answering respondents most respectfully submit that

the age of superannuation of the government teacher is

governed by Fundamental Rules 56 (1-A) whereby 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

two years. The explanation appended to Rule 56 explains

the word 'Teacher' which means a Government servant by

whatever designation called, appointed for the purpose of

teaching in Government educational institution who has

been engaged in teaching for not less than 20 years. In

view of the Fundamental Rules 56 if the employee who

has completed 20 years of teaching can only be called as

Teacher and who shall be retired from service after

completion of 62 years of age but, in the case of the

petitioner, the petitioner has not completed 20 years of

age in educational institution. Initially, the petitioner was

engaged as a Shiksha Karmi on temporary basis for the

academic session 1995-96. A copy of the said order is

already on record as Annexure P-2. By the said order, the

petitioner was appointed only for the one academic

session. Thereafter, in the year, 1998 he was appointed as

Shiksha Karmi Grade -III and subsequently, he was

absorbed as Sahayak Adhyapak from 2007.'

7. Heavy reliance is placed by the the State on F.R. 56 (1-A) and

explanation appended to it. The same reads as under:-

'(1-A) Subject to the provisions of sub-rule (2), every

Government Teacher other than a Govenrment Teacher

mentioned in sub rules (1-g), (1-h) and (1-i) shall retire

from service on the afternoon of the last day of the

month in which he attains the age of sixty two years:

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Provided that a Government Teacher other than a

Government Teacher mentioned in sub-rules (1-g), (1-

h) and (1-i), whose date of birth is the first of a month

shall retire from service on the afternoon of the last day

of the proceding month on attaining the age of sixty two

years.'

Explanation :- For the purpose of this sub-rule,

"Government Teacher" means a Government Teacher,

other than a Govenrment Teacher mentioned in sub -

rules (1-g), (1-h) and (1-i), by whatever designation

called, appointed for the purpose of teaching in a

Government educational institution in accordance with

the recruitment rules applicable to such appointment

and shall also include a teacher who is appointed to

an administrative post by promotion or otherwise

and w