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 illegal on the ground that it was against the rule applicable to trained teachers.

3. This contention was traversed on behalf of the State, which is the appellant before us. It was admitted that there was some change in the rule relating to superannuation. Even so it was contended that the age of superannuation in the case of trained teachers remained the same, namely 55 years and it was open to the State to retire trained teachers at the age of 55 years, though they could be retained upto the age of 58 years if they were found fit and efficient. Besides reliance was also placed on behalf of the State on a notification of the Governor issued on March 25, 1959 and it was urged that that notification issued under Art. 309 of the Constitution validated the action taken in retiring Nanjappa, and other like him, on completion of the age of 55 years. It was not disputed on behalf of the State that the sole reason for retiring Nanjappa and others like him was that they had attained the age of 55 years and that there was nothing against their fitness or efficiency to justify the order of retirement.

4. Two principal points were thus raised before the High Court. The first was with respect to the interpretation of R. 294 (a) with particular reference to the amendment which was made on April 29, 1955. The second was with respect to the effect of the Governor s notification, dated March 25, 1959. On the first point, the High Court held that the change made in R. 294 on April 29, 1955 clearly provided that in the case of trained teachers the normal age of retirement would be 58 years, though the Government would have the right to retire them earlier if they were neither fit nor efficient. On the second point, the High Court held that the notification of March 25, 1959 could not be a rule within the meaning of Art. 309 of the Constitution and could not have the effect of validating what had been done earlier with respect to trained teachers in contravention of the rule as to retirement. The appellant-State then applied for leave to appeal to this Court which was refused. It then came to this Court and was granted special leave; and that is how the matter has come up before us.

5. We are of opinion that the High Court is right on both the points urged before it. Rule 294 (a) of the Regulations which was in force before the change was made on April 29, 1955, was in these terms :-

"294 (a), A Government servant in superior or inferior service, who was required to retire, unless Government considers him efficient, and permits him to remain in the service. But as the premature retirement of an efficient Government servant imposes a needless charge on the State, this rule should be worked with discretion. And in cases in which the rule is enforced, a statement of the reasons