N.P. Singh, C. J.: As the controversy in the appeal as well as in the writ petition is as to whether the teachers of Government Aided Higher Secondary Schools, who opted for revised scales of pay in terms of offer given to them by the State Government by orders dated 31.7.81 and 7.3.90, are entitled to be considered for extension of their services after they attain the age of 60 years, they were heard together and are being disposed of by a common judgment.

2. From time to time orders and circulars have been issued saying that the age of superannuation of the employees of the recognised Non-Government Secondary Institutions shall be 60 years; thereafter the employees may be retained in service on extension until they attain the age of 65 years subject to their physical fitness and mental alertness. As early as in the year 1949 Rule 25 of the Rules for Management of Non-Government High Schools issued by the Calcutta University, commonly known as Revised School Code of 1949 contained a similar provision. When the West Bengal Secondary Education Act, 1950 came into force a circular was issued on 25.5.1953 in which it was stated, inter alia, that the teachers over 60 years