Back
SUPREME COURT OF INDIA
A.N. RAY, C.J.I. K.K. MATHEW, V.R. KRISHNA IYER, A.C. GUPTA, JJ.
N.Lakshmana Rao and others etc., Appellants
Versus
State of Karnataka and others etc., Respondents.
Civil Appeals Nos.1919-1931, 1932-34,1959-84 85, 86, 1987-89, 1991-2007 and 2043,of 1974, D/- 29-4-1975. 1647
Advocates appeared
Mr. A. K. Sen, Senior Advocate, (In C.K No. 1919 of 1974), Mr. Rama Jois, Advocate, (In CAs. Nos. 1919-31/ 1974) & (W.P. No. 249/74), Mr. P. R.Ramasesh, Advocate, (In CAs. Nos.1919-31) & Mr. R. B. Datar, Advocate, for Appellants; (In CAs. Nos. 1919-31, 1987, 1988, 1991-2007 & 2043 of 74) for Petitioner (In W.P. No. 249 of 1974). Mr. S. Lwkshminarasu, Advocate, for Petitioners (In CAs. Nos. 1932-34). M/s. Rama Jois & S. S. Khanduja Advocates, for Appellants (In CAs. Nos. 1959-84/74). Mr. Narayan Netter, Advocate, for Appellants (In CAs. Nos. 1985-86/74). Mr. V. J. Francis, Advocate, for Respondents Nos. 4-8 & 10 (In CA No. 1983/74). Mr. F. S. Nariman, 1648 Additional Solicitor General, (In CA. No. 1919/74), (M/s. K. S. Puttaswamy, Govt. Pleader, (In. CA No. 1919/74) & (In W.P. No. 249/74) & Mr. M. Veerappa, Advocates with him). for State of Karnataka in all the Matters. N. D. Kulkarni, (In W.P. No. 21 of 1975: Mr. A. B. Somnath Iyer, Senior Advocate, (M/s. Bama Jois & R. B. Datar, Advocates, with him). for Applicant/Intervener/Writ Petitioner.
Mysore Compulsory Primary Education Act, 1969 - State Reorganization Act, 1956 - Sections 114 and 115 - Constitution of India, 1950 - Article 309 and 311 - Allotment and Transfer of State Services - Teachers Challenged Reduced Age of Retirement - Reduction of Age of Compulsory Retirement - School teachers of former State of Mysore were allotted to new State of Mysore with effect from 1 January, 1956 - Their age of retirement under the Mysore services Regulations was 58 years - Sometime in the year 1957 State Government reduced their age of retirement to 55 years - Teachers challenged reduced age of retirement - Contention of teachers that age of retirement as fixed by State was illegal - It may be stated here that State did not obtain prior approval of Central Government under Section 115 (7) of States Reorganization Act in regard to the reduction of the age of compulsory retirement – Held, There is no provision which takes away power of Government to increase or reduce the age of superannuation. When the rule only deals with the age of superannuation and the Government servant had to retire because of reduction in age of superannuation it cannot be said that the termination of service amounts to removal within the meaning of Article 311 - It, therefore, follows that teachers who exercised the form of option were subject to change in conditions of service under Rules framed under Article 309 - There is no constitutional limitation to reduce age of retirement. A Government servant enjoys the status of a Government servant. He cannot be removed and his services cannot be terminated except in accordance with the provisions of the Constitution. Fixing an age of retirement does not amount to removal or termination - Appeals dismissed
Judgment
RAY, C. J.:- These appeals by certificate turn on the question as to whether the Karnataka State Civil Services (Age of Compulsory Retirement) Bules,1974 are valid. .
2. These cases may be broadly classified into three categories. One group consists of primary and secondary school teachers in Government schools of the former State of Mysore. The second group consists of teachers in the schools belonging to various local authorities situate in the area of the former State of Mysore. These teachers were absorbed in Government service of the new State of Mysore when the said schools were taken over by the Government. The third group consists of teachers in the schools of the School Boards in the Bombay area and the Madras area of the new State. They were absorbed in Government service under the Mysore Compulsory Primary Education Act, 1969.
3. The new State of Mysore came into existence on 1 November, 1956 consequent upon the reorganisation of States brought about by the State Reorganisation Act, 1956. The reorganised new State consisted of the former State of Mysore, part of the former State of Bombay, part of the former State of Hyderabad, part of the former State of Madras and the centrally administered territory of Coorg.
4. Sections 114 and 115 of the States Reorganisation Act deal with allotment and transfer of State Services of the merged parts of the new State.
5. The School teachers of the former State of Mysore were allotted to the new State of Mysore with effect from 1 January, 1956. Their age of retirement under the Mysore services Regulations was 58 years. Some time in the year 1957 the State Government reduced their age of retirement to 55 years. The teachers challenged the reduced age of retirement. This Court in State of Mysore v. Padmanabhacharya (1966) 1 SCR 994 upheld the contention of the teachers that the age of retirement as fixed by the State was illegal. It may be stated here that the State did not obtain the prior approval of the Central Government under Section 115 (7) of the States Reorganisation Act in regard to the reduction of the age of compulsory retirement.
6. By notification dated 14 April, 1966 the age of retirement of primary and secondary school teachers in the new State was fixed at 58 Years with effect from 5 April, 1966. The age of retirement of teachers who were allotted from other integrated areas was 55 years. By notification dated 15 April, 1966 a uniform treatment was given to all the Primary and Secondary School Teachers of the new State of Mysore by fixing their age of retirement at 58 years.
7. By notification dated 10 July, 1970 the age of retirement of teachers in the Collegiate and Technical Education Department was raised to 58 years.
8. By notification dated 6 May, 1971 the retirement age of teaching staff of the Medical and Dental Colleges and other colleges under the Department of Health aid Family Planning services was raised to 58 years.
9. By another notification dated 24 June 1971 the age of retirement of the members of the teaching staff of the Law Colleges was raised to 58 years.
10. By another notification dated 5 August, 1972 the age of retirement of the members of the Judicial service was raised to 58 years.
11. The Karnataka Civil Services (Twenty-second Amendment) Rules 1973 provided the age of retirement of an teachers in all the Departments except Ex-Mysore Primary and secondary School Teachers at 55 years.
12. The teachers of the erstwhile local authorities were not covered by the Karnataka Civil Services (Twenty- Second Amendment) Rules, 1973 as they were governed either by contract or by special laws. Their age of retirement was 58 years. They were asked to retire on attaining 55 years. They filed writ petition challenging the reduction in age of retirement.
13. The Mysore Service (Amendment) Regulations 1974 were promulgated on 21 January, 1974 reducing the age of retirement of Ex Mysore teachers from 58 to 55 years.
14. The Mysore Civil Service Regulations 1974
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
