JUDGMENT

Special leave granted. Substitution application allowed.

2. These are four batches of appeals, special leave petitions and writ petitions under Article 32 of the Constitution arising out of certain Governmental orders passed from time to time in regard to the age of retirement and consequential payment of grant to certain institutions, etc. The first Governmental order was issued on 7th February, 1976, bearing G.O.Ms, No. 105-Education by which the age of retirement of school teachers working in private (aided) management schools was reduced from 60 years to 55 years as in the case of teachers working in schools under the Government and Local Bodies to bring them at par in regard to conditions of service, including pension, etc. By GOMs No. 584-Education dated 25th May, 1976, the age of retirement of college teachers was reduced and the Government having undertaken the responsibility of paying pension to the aided institutions, it was decided that no grant-in-aid will be admissible to any teachers post, after the teacher holding the post had attained the age of 55 years. This Governmental order was admittedly issued in exercise of executive powers of the State Government. The validity of the order is questioned in Civil Appeal No. 2656 of 1979 and Special Leave Petition (C) No. 2017 of 1979 arising out of the judgment of the Andhra Pradesh High Court dated 15th September, 1977.

3. The second batch of Civil Appeals Nos. 154-171 of 1981 and Special Leave Petitions (C) Nos. 11112 of 1981 and 3223 of 1981 arising out of the judgment of the High Court dated 25th August, 1980 relate to the later part of the Government order by which the grant-in-aid was restricted to the period up to superannuation at 55 years. It appears that it was conceded that insofar as reduction in the age of superannuation from 60 years to 55 years in the case of teachers in aided colleges by GOMs No. 584 dated 25th May, 1976, was concerned, since such reduction could not be made by Executive orders, the same was not valid and could not be enforced. To overcome this difficulty the Government issued another order GOMs No. 591-Education dated 28th May, 1977, whereby in exercise of powers conferred by S. 35A to the Andhra University Act, 1925, (Act 2 of 1926), inserted by Act 42 of 1976, by which It was provided that the age of superannuation of teachers serving in private affiliated colleges shall stand reduced to 55 years and every teacher shall retire on the date of completion of the age of 55 years. The college teachers thereupon amended their pending writ petitions in the High Court and challenged the legality and validity of this GOMs No. 591 dated 28th May, 1977. GOMs No. 1072 dated 26th November, 1976 was issued in continuation of GOMs No. 591, clause (ix) whereof inter alia reads as under:

"A teacher who has already been given extension on attaining the age of superannuation on 1-4-1976 or thereafter, shall continue to be in the old scale of pay during the period of extension and shall not be permitted to opt for the revised pay scales, 1976. A teacher, who on attaining the age of superannuation has been re-employed before 1-4-1976 and continuing as such after 1-4-1976 shall also continue to be in the old scale of pay during the period of re-employment and shall not be permitted to opt to the revised pay scales, 1976."

Civil Appeals Nos. 2382-2434 of 1982 question the legality and validity of this clause in GOMs No. 1072 dated 26th November, 1976. It appears that thereafter GOMs No. 756 dated.28th July, 1981 was issued whereby it was provided as under:

"Government direct that the orders issued in the GOs read above will not apply to the teaching and non-teaching staff of affiliated aided colleges who attained the age of 55 years before 1-10-1979 but continuing in service on the strength of the High Court orders on the writ petitions filed by them, and the retirement orders benefits existing prior to the issue of the two GOs read above will apply to