LexM.G. PANDKE AND ORS. versus MUNICIPAL COUNCIL HINGANGHAT DISTRICT WARDHA AND ORS.
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A B c D E M.G. PANDKE AND ORS. v. MUNICIPAL COUNCIL HINGANGHAT DISTRICT WARDHA AND ORS. SEPTEMBER 9, 1992 (KULDIP SINGH AND K. RAMASWAMY, JJ.] Madhya Pradesh Secondary Education Aci 1951: Section 20 & Regula- tions Chapter X.11, Clause 7. Maharashtra Secondary Education Boards Act 1965 & Secondary Schools Code 1963 : Rule 82 (1 ). Maharashtra Secondary Education Boards Regulations 1966, Regula- tion 19 (7) (XVI) : Hinganghat Municipal Council (Regulating the period of service of secondary school teachers) Bye Laws 1980 : Bye Law 4. Teachers in Munici- pal school of Vidaroha Division of Maharashtra-Superannuation age-- Whether 60 or 58 years. Constitution of India 1950 : Article 16-Disparity within the class of teachers in the matter of superannuation-Hinganghat Municipal Council bye law 4 reducing superannuation of teachers struck down. The appellants joined service as teachers prior to November 1, 1956 in the High Schools rnn by the Municipal Council = Respondent No. 1 = F which was situated in the district ofWardha which formed part of the then State of Madhya Pradesh. The conditions of service of these teachers were governed by the provisions of the Madhya Pradesh Secondary Education Act, 1951 and the regulations made by the State Government. Chapter XII of the regulations provided for "the School Code", and Clause 7 thereof G prescribed Form IV, being an agreement between the management and the teachers, and Clause 9 therein provided that the teacher shall retire from service on attaining the age of 60 years, and that the exact time for such retirement shall be the last day of the academic year in which the teacher attains that age. H Eight districts of the State of Madhya Pradesh including Wardha 464 ~ "'' 1 PANDKE v. MUNICIPAL COUNCIL 465 ceased to be part or the State with effect .from November 1, 1956 and were made part or the State or Bombay, and from May 1, 1960 the State or Maharashtra. The provisions of the Madhya Pradesh Secondary Educa- lion Act and the Regulations made thereunder continued to apply till January 1, 1966 when the Maharashtra Secondary Education Boards Act, 1965 came into force. Before the enforcement or the Maharashtra Act, the Maharashtra Government framed the Secondary Schools Code which came into force with effect from 1963. Rule 82 (1) thereof provides that a teacher shall compulsorily retire on the date on which he attains the age or 58 years, but an exception was made in the case or a permanent teacher or head master in the service in a recognised non-Government secondary school in Vidarbha on 31st December, 1965 who was eligible to retire at the age or 60 years. The Director of Municipal Administration, Government of Maha- rashtra by his letter dated March 17, 1973 informed the Municipal Conn- cils in .the Vidarbha Division that the age of superannuation of the Secon- dary School teachers who were made permanent on December 31, 1965 would be 60 years. Another circular dated May 5, 1976 was issued which stated that in view of the repeal of the Madhya Pradesh Secondary Ednca- lion Act, 1951, and the old Secondary School Code not governing the terms and conditions of service of the teachers serving in the secondary schools in Vidarbha, it was not necessary to continue further the concession of retirement at 60 years of age that was allowed. The Government of Maharashtra finally issued an order dated August 30, 1976 which enabled teachers in non-Government secondary schools in Vidarbha except those in the employ of statutory bodies like Municipal Councils who were confirmed on 31.12.1965 and governed by the Secondary Schools Code framed under the repealed Madhya Pradesh Secondary Education Act 1951, to continue to get the concession of 60 years or age, as the age of retirement. The Municipal Council Hinganghat - 1st Respondent, notified the Hinganghat Municipal Council (Regulating the period of service or secon· dary school teachers) Bye-laws 1980 by a notification dated December 20, 1980. Bye-law 4 thereof provided the "ge of retirement or teachers and A B c D E F G secondary school teachers confirmed on 31.12.1965, shall be 58 years. H 466 SUPREME COURT REPORTS[1992] SUPP. 1 S.C.R. A The appellants who were working in the High Schools run by the Municipal Council, assailed the aforesaid bye-law in their writ petition before the Nagpur Bench of the Bombay High Court, and claimed the age of superannu
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