RAJ SONI Vs. AIR OFFICER INCHARGE ADMINISTRATION

JUDGEMENT

(1.) The petitioner retired from the post of teacher in the Air Force Central School, New Delhi (hereinafter called the' School') on her attaining the age of 58 years. The School is a society registered under the Societies Registration Act, 1860. In this petition under Article 32 of the Constitution of India she claims that under the Delhi Education Code read with the Delhi Education Act, 1973 (hereinafter called the 'Act) and the Delhi Education Rules, 1973 (hereinafter called the 'Rules) the age of superannuation for the teachers who joined service before the coming into force of the Act is 60 years and as such the management of the school acted arbitrarily in depriving her of two years of service and consequential benefits.

(2.) The petitioner was initially appointed for a period of five years. On completion of the said period in 1961 the contract its renewed for a further period of five years. Thereafter she continued in service of the school on regular basis till the impugned retirement dated October 31, 1981.

(3.) The petitioner has averred that prior to coming into force of the Act the conditions of service of the teachers of the school provided 60 years as the age of superannuation. The respondents have, however, denied the same and have stated that the school management was following the practice of retiring the teachers on attaining the age of 58 years with some exceptions where extensions were given up to the age of 60 years. The managment has not produced any rules, bye-laws or instructions to show that the age of superannuation of the school teachers was 58 years.