9911796707
TMI Blog2022 (5) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... he dispute arose with respect to the age of superannuation/retirement, namely, whether, the appellant teacher is entitled to get the benefits of enhanced age of superannuation of 65 years at par with his counterpart teachers serving in Government Colleges and Universities. 2.1 The appellant was serving in 1OO% government aided private educational institution. At the relevant time, the Full Bench of the High Court of Madhya Pradesh in the case of Dr. S.C. Jain Vs. State of Madhya Pradesh and others (W.A. No. 950/2015) took the view that the teachers serving in the aided private educational institutions are not entitled to get the benefit of enhanced age of superannuation of 65 years. The appellant and others filed Writ Appeals before the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant has heavily relied upon the subsequent decision of the Division Bench of the High Court dated 29.11.2019 passed in Writ Appeal No. 1857/2019 filed by a similarly situated teacher of a government aided private college by which the Division Bench of the High Court has condoned 1227 days of delay in filing intracourt appeal and has held him entitled for superannuation with all consequential and monetary benefits including arrears of salaries and allowances of the intervening period, by following the law laid down by this Court in the case of Dr. R.S. Sohane (supra). 2.3 Learned counsel appearing on behalf of the appellant has also relied upon the common judgment and order dated 07.09.2021 passed by the Division Bench of the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepting the submission on behalf of the State that on the principle of 'no work no pay' the teachers are not entitled to any monetary benefits for the intervening period between 62 years and 65 years of age, we are of the opinion that appellant shall be entitled to all consequential and monetary benefits including the arrears of salaries and allowances for the intervening period, as if he would have been retired at the age of 65 years. The appellant being similarly situated teacher cannot be singled out. Even in the case of Writ Appeal No. 378/2018 and other allied writ appeals, it was submitted by the State that on the principle of 'no work no pay' such teachers are not entitled to any monetary benefits. However, the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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