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Madhya Pradesh High Court · body

1993 DIGILAW 260 (MP)

Sal Kishan Karosia v. Commissioner, M. C. , Sagar

1993-04-30

D.M.DHARMADHIKARI, R.P.AWASTHY

body1993
JUDGMENT That petitioner is class IV servant in the Municipal Corporation, Sagar and was last working as Safai Naib Daroga. By the impugned order issued on 5.6.1990 (Annexure-B), he has been retired w.e.f. 30.6.1990 on attaining 58 years of age. The Learned Counsel for the petitioner submits that the Class IV servants of the Municipal Corporation, under the rules, are entitled to continue upto the age of 60 years and cannot be retired before attaining the age of superannuation. We had earlier directed to issue a show cause notice on admission to the respondents The Corporation (Respondent No.1) failed to appear in spite of service of notice. By our order passed on 31.7.1991, we then directed that a fresh notice be issued to the Respondent No.1 to show-cause why the petitioner be not allowed. In spite of the service of second notice, the respondent No.1 again failed to appear. Thereafter, we sent a special notice by post - card by our order passed on 6.4.1993, but, no one appeared even after S.P.C. We, therefore, heard the learned counsel for the petitioner and we find that the contention is, Well-founded. The Class IV servant of the Corporation has right to continue in service upto the age of 60 years which is the superannuation age fixed for Class IV servants. The petitioner has retired w.e.f. 30.6.1990 at the age of 58 years, who is entitled to continue upto 60 years of age i.e. upto 30.6.1992. Since the petitioner could not get that relief because of the delay on the part of the Corporation in not appearing in this Court, we direct that the petitioner shall be paid all arrears of salary and other monetary benefits for the period between 30.6.1990 i.e. the date on which he has prematurely retired and 30.6.1992 which was his due date of retirement. . The petition, therefore, succeeds and is hereby allowed. The order of retirement (Annexure-B) dated 5.6.1990 is hereby quashed with above direction for payment of salary and other benefits to the petitioner between 30.6.1990 to 30.6.1992. There shall be no order as to costs.