JUDGMENT

KULDIP SINGH, J.:—The question for our consideration is whether the age of superannuation of the teachers, working in the municipal schools in Vidarbha Division of Maharashtra is 60 or 58 years.

2. The teachers working in the High Schools run by Municipal Council, Hinganghat filed a petition before the Nagpur Bench of the Bombay High Court claiming their age of superannuation to be 60 years and praying that the bye-law framed by the Municipal Council providing the said age to be 58 years be quashed. The High Court dismissed the writ petition holding that the age of retirement of the teachers fixed under the bye-laws of the Municipal Council Hinganghat was valid and in accordance with law. This appeal by way of special leave is by the teachers against the judgment of the High Court.

3. The appellants joined service as teachers prior to November 1, 1956 in the High Schools run by the Municipal Council Hinganghat district Wardha. The said district was part. of the then State of Madhya Pradesh. The conditions of service of the appellants were governed by the provisions of the Madhya Pradesh Secondary Education Act, 1951 (the Act). The State Government framed Regulations (Regulat