Shri Niwas Tiwari Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1044614
CourtMadhya Pradesh High Court
Decided OnFeb-06-2013
AppellantShri Niwas Tiwari
RespondentThe State of Madhya Pradesh
Excerpt:
1 w.p.no.184/2013 06.02.2013 shri m.k.pandey, learned counsel for the petitioner. heard. order dated 19.04.2012, is being assailed vide this petition whereby representation preferred by the petitioner seeking extension of two years of service on the anvil of a decision taken by the government enhancing the age of retirement of daily wage class-iv from 60 to 62 years.has been turned down. facts briefly are that the petitioner was engaged on daily wages in the forest department on 6.2.1988. thereafter he continued to discharge his duties, on daily wages and on attaining the age of 60 years was retired from service in october, 2012 (date of birth of petitioner being 1.10.1952).though after petitioner's retirement respondent/state of madhya pradesh through general administration department issued a notification no.5-1/2012/1/3 dated 9.11.2012, whereby the age of retirement of class iii and class iv employees was increased from 60-62 years.taking cue from the above circular dated 9.11.2012 preferred a representation seeking extension of his age of retirement from 60 to 62 years which was turned down by impugned order. rightly so, because on the date when the petitioner attained the age of 60 years i.e.october, 1992, the circular dated 9.11.2012 was not in existence. the circular being no.2 made effective from the retrospective date no right is created in favour of the petitioner seeking benefit therefrom. in view whereof, the decision taken by respondent in rejecting the representation preferred by the petitioner for extending the age of retirement cannot be faulted with. in the result, petition fails and is dismissed. (sanjay yadav) judge loretta 
Judgment:

1 W.P.No.184/2013 06.02.2013 Shri M.K.Pandey, learned counsel for the petitioner.

Heard.

Order dated 19.04.2012, is being assailed vide this petition whereby representation preferred by the petitioner seeking extension of two years of service on the anvil of a decision taken by the Government enhancing the age of retirement of Daily Wage Class-IV from 60 to 62 yeaRs.has been turned down.

Facts briefly are that the petitioner was engaged on daily wages in the Forest Department on 6.2.1988.

Thereafter he continued to discharge his duties, on daily wages and on attaining the age of 60 years was retired from service in October, 2012 (Date of birth of petitioner being 1.10.1952).Though after petitioner's retirement respondent/State of Madhya Pradesh through General Administration Department issued a notification No.5-1/2012/1/3 dated 9.11.2012, whereby the age of retirement of Class III and Class IV employees was increased from 60-62 yeaRs.Taking cue from the above Circular dated 9.11.2012 preferred a representation seeking extension of his age of retirement from 60 to 62 years which was turned down by impugned order.

Rightly so, because on the date when the petitioner attained the age of 60 years i.e.October, 1992, the circular dated 9.11.2012 was not in existence.

The circular being No.2 made effective from the retrospective date no right is created in favour of the petitioner seeking benefit therefrom.

In view whereof, the decision taken by respondent in rejecting the representation preferred by the petitioner for extending the age of retirement cannot be faulted with.

In the result, petition fails and is dismissed.

(SANJAY YADAV) JUDGE Loretta