BANCHHANIDHI RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment dated 15 April, 1970 of the High Court of Orissa dismissing the writ petition of the appellant.

(2.) The appellant in the writ petition asked for a writ of mandamus for quashing the order dated 19 May, 1969 passed by the Inspector of Schools, Cuttack Circle. The order stated that the date of birth of the appellannt as recorded in service registers was 1 January, 1908 and since the appellant exceeded the age of 58 years he was requested to hand over charge of his duties by 24 May, 1969 to Madhusudan Das, the senior-most trained graduate assistant teacher of Sadhu Charan Bidhyapitha Nanpur, Cuttack.

(3.) The appellant's case was as follows. The appellant was appointed Head Master of Sadhu Charan Bidhyapitha in the year 1949. By a letter dated 19 May, 1969 the appellant was retired from service. The Inspector of Schools and the other respondents, namely, the State of Orissa and the Director of Public Instruction had no authority to superanuate the appellant at the age of 58 years inasmuch as there was no privity of contract between the appellant and the respondents. It has been the uniform usage and implied term of office of all teachers in private Schools in Orissa that irrespective of age limit teachers will be in service as long as they are physically fit and mentally alert.