LexN. LAKSHMANA RAO & ORS. ETC. versus STATE OF KARNATAKA & ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
328
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N. LAKSHMANA RA•) & ORS. ETC.
v.
STATE OF KARNATAKA & ORS. ETC.
April 29, 1975
(A. N. RAY, C.J., K. K. MATHEW, V. R. KRISHNA IYER
AND A. C. GUPTA, JJ.J
Kurnataka State <7h·il Service (Age of Con1pulsory Retiren1e111)
Rules,
1974 and Constitution of India, 1950. Article 309 and 311-Reduction of rhe
aRe of conipulsory retirernent froni 58 to 55 years-Prescribing age of supe.r~
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annuation, if an1ounts 10 re1noval or termination.
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Mysore CO!npulsory Prbnary EducaHon Act, 1969, Section 14(b)-Teachcrs
of pritnary schools beconiing eniployees of State Gi0J-·en11nent-Conditions of
seri•ice to continue· "r,ntil ·other pro1•ision is 1nade"-Section 14(b), if tempo·
rary .and transitional--Conditions, if can be altered by the Governor.
The new State of Mysore came into existence on 1 November, 1956, con·
sequent upon the reorganisation of States brought about by the States Rcorga·
nisation Act, 1956. The reorganised new State consisted of the fonner State
of Mysore, part of the former State of Bombay, part of the fonncr State of
llyderabad, part of the former State of Madras and the ccntrn11y- administered
tcrritorj.i of Coorg. There are three categories of teachers \vho are parties
to these appeals. One group consists of primary and secondary school teachers
in Government schools of the former State of Mysore. The second group
consists of teachers in the schools belonging to various local authorities situated
in the area of the former State of Mysoce.
These teachers were absorbed
in Government service of the new State of Mysore when the said schools were
taken over by the Ciovemment. The third group- cortsists of teachers in the
schools of the School Boards in the Bombay area and the Madra<J area of
the: new State. They \\·ere absorbed in Government service under the J\-fysore
Compulsory PrimJ.ry Education Act, 1969.
On 24 February, 1974, the Karnataka State Civil Service (Age of Con1-
pulsory Retirement) Rules, 1974 came into existence in exercise of powers
·under Article 309 of the Constitution. These rules provided that notwithstand·
ing anything to the contrary contained in any law, ruie, notification, order or
agreement C\'ery Government servant referred to in sub-rule ( 4) whose :.ige
of compulsory retirement is 58 years shall retire on <:.ttaining the age of
55 years. It was also provided by those Rules that those who continued in
service after attaining the age of 55 years on the date of the promulgation
of the l{ules would retire on the date on which they attained the age of 58 years
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or l April, 1974 v;·hichever is earlier. It is also stated that those who ,.,.-jll
attain the age of 55 years after the commencement of these Rules, but on or
before 1 April, 1974 would retire on 1 April, 1974. Those who \Vi11 attain 55
years after 1 April, 1974 shall retire on attaining the age of 55 years. The Govern·
ment servant was defined in 1974 Age of Compulsory Retirement Rules to
mean six classes of Government servants. The three categories of teachers who
are parties to these appeals are all covered by the nlles.
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It was contended on behalf of the Ex·Mysore Primary and Secondary
·
School teachers that they had their age of retirement at 58 years and they
were protected under the proviso to sub·section (7) of section 115 of the
States Reorganisation Act. It was contended on behalf of the teachers of
Ex·Municipal High Schools that their age of retirement \vhich \\'as applicable
to the Municipal Jfjgh School Teachers before the date of take over was
58 years, and therefore, they were protected under the agreements du.ted
30th April, 1971. ·rhe contention on behalf of the teachers of elementary
schools which were under the management of local bodies and v.·hich were
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N. L. RAO 1'. KARNATAKA (Ray, C.J.)
329
taken over by the State Government that their age Of retirement was 58 years
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before the schools were taken ovrer by the State Government under the provi·
sions of Karnataka Compulsory Primary. Educati9n (Am1;ndment an<l Miscel-
laneous Provjsions-) Act, 1969 and their conditions w0uld continue until
other condition was n1ade. The principal contention of the teachers of the •
~Iunicipal and Taluk Development Board High Schools which were taken
over by .the State Government under written agreements made by the rclc·
vant local body v;·as that the condition which w·as offered by the Government
and accepted by these teachers "shaH Excerpt shown. Read the full judgment & AI analysis in Lexace.