JUDGMENT

Rajendra Babu, J.-The basic issue raised for consideration in these appeals is the retirement age of the respondents, who were teachers with the Appellant Society. According to the appellant, the retirement age of teachers in their school is 58 in accordance with the Sub-Rule (1) of the Rule 34 in Schedule - F of the Bombay Primary Education (Gujarat Amendment) Rules, 1978. (Hereinafter, Amendment Rules). Respondents - teachers claimed that they could continue in service till the age of 60 as per the Rule 29 of the Leave Rules of the Appellant Society, which is applicable in their case. It is also their case that the applicability of Leave Rules is saved by virtue of Sub-Rule (3) of the Rule 34 in Schedule - F of the Amendment Rules.

2. The relevant Rules are extracted hereunder:

Sub-Rules 1 and 3 of Rule 34 in Schedule-F of the Amendment Rules:

"34. Age of superannuation of Teachers: (1) An employee shall retire at the age of 58 years. However, a review of the work will be undertaken at the age of 55 years for deciding whether he deserves to be continued beyond the age of 55.

(2). * * *

(3). These rules shall not apply to employees who are already employed on a contract basis