J. C. SHAH, K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, S. M. SIKRI
State of Mysore – Appellant
Versus
Padmanabhacharya: J. K. Nanjappa: K. Keshava Murthy: M. S. Ramachandra Rao: N. Ramachandra Rao – Respondent
Judgement
WANCHOO, J. : These appeals by special leave raise common questions and will be dealt with together. We shall take the facts of one appeal (No. C. A. 237) in order to understand the questions in dispute and it will be unnecessary to refer to the facts in other cases for they are admittedly similar
2. Nanjappa, respondent in C. A. No. 237of 1964, was a trained teacher and was headmaster of a Government Boys Middle School. He completed the age of 55 years on February 3, 1958 and was ordered to be retired from service from that date on the ground of supreannuation. Thereupon he filed a writ petition in the High Court of Mysore and the main contention raised on his behalf was that R. 294 (a) of the Mysore Service Regulations (hereinafter referred to as the Regulations), which prescribed the age of retirement of Government servants, had been amended with respect to trained teachers from April 29, 1955, and in the case of such teachers the normal age of superannuation was fixed at 58 years instead of 55 years. Consequently, the respondent could not be retired on completion of the age of 55 years and the order by which he was retired at that age as if he was superannuated was ill
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