The authority of the Municipal Council to impose retirement at 58 years prevails over external regulations; orders violating principles of natural justice must be quashed.

1. Petitioner Babulal Dalchand Maloniya was appointed as an Assistant Teacher in the Municipal Indian English Middle School, Saoner, on 2-7-1951. After the necessary training he was appointed on a regular scale from 5-4-1954 and was also confirmed in the said post with effect from 5-4-1954 itself. In the year 1957 the Indian English Middle School run by the Municipal Council was converted into a full - fledged High School and the petitioner was appointed as the Assistant Teacher in the same High School. In the year 1969, the petitioner was selected for training of B.Ed. course and he successfully passed the said examination in the year 1970. Thus, the petitioner was working as a trained Assistant Teacher in the Municipal High School. The third respondent to this petition, namely, Wasudeo Laxman Bharadwaj, was working as a Headmaster of the said High School. On 30-12-1972 respondent No. 3 Bharadwaj was to complete his age of 58 years, which is the age of superannuation according to the Municipal bye - laws. Therefore, the Municipal Council. Saoner served an order dated 31-12-1971 on Bharadwaj informing him that he will stand superannuated on 30-12-1972. Thus respondent No. 3 Bharadwaj was made to retire from service on 30-12-1972. Consequent upon his retirement, the petitioner was ordered to officiate in the post of Headmaster vide order dated 1-12-1972 issued by the Administrator of the Municipal Council, Saoner. Thereafter vide order dated 31-1-1973 the petitioner was appointed as the Headmaster in a substantive capacity. After receiving the notice dated 31-12-1971, the respondent No. 3 preferred an appeal before the Director of Municipal Administration with his representation - cum - appeal dt - /-14-9-1972. The petitioner was not made a party to the said appeal, nor he was given any opportunity of being heard before an order was passed by the Director of Municipal Administration dated 12-2-1973 whereby respondent No. 3 Bharadwaj was directed to be reinstated as a Headmaster of the Municipal High School. After receiving this order of the Director, the Administrator of the Municipal Council, Saoner issued an order dated 21-2-1973 reinstating respondent No. 3 Bharadwaj as a Headmaster in the Municipal High School with immediate effect. Consequent upon this order of reinstatement of respondent No. 3 Bharadwaj as the Headmaster, the Administrator of the Municipal Council, Saoner further ordered reversion of the petitioner to his original post of the Assistant Teacher. These orders have been challenged by the petitioner in this writ petition.

2. According to the petition, the order passed by the Director of Municipal Administration is without jurisdiction. It was also contended on behalf of the petitioner, that it was not open for the Director of the Municipal Administration to exercise any such powers or act contrary to the Government instructions. According to the petitioner, he was not given any opportunity of being heard before the said order was passed by the Director of the Municipal Administration, and therefore, the said order is contrary to the principles of natural justice. It was also submitted on behalf of the petitioner that the said order passed by the Director of the Municipal Administration resulted in reversion of the petitioner to the post of the Assistant Teacher, and therefore, has resulted in civil consequences. In any case, therefore, before passing of the said order it was obligatory on the part of the Director to give a re