(1) WRIT petitions were filed before the High Court by the teachers of Bhagalpur Engineering College, Bhagalpur, Muzaffarpur Institute of Technology, Muzaffarpur and Bihar Institute of Technology, Sindri, praying, inter alia, that their age of retirement should be the same as the age of retirement of teachers in Bihar College of Engineering, Patna. They had also prayed for the same pay scales and had claimed arrears in the UGC scale from 1-1-1973 to 31-3-1975. Their prayers have been granted by the High Court. Hence, the present appeals have been preferred by the State of Bihar.

(2) IN the appeals the State of Bihar has not raised any dispute with relation to the pay scales and granting of arrears in the UGC scale from 1-1-1973 to 31-3-1975. The only question at issue is regarding the age of retirement.

(3) THE three engineering colleges in question are owned by the State. The teachers of these three engineering colleges are recruited through the Bihar Public Service Commission. Their service conditions are governed by the Bihar Service Code. Under the relevant provisions of the Bihar Service Code the age of superannuation up to 1989, was 58 years. However,