B NARAYANA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This batch if writ petitions raise common questions of fact and law and have, therefore, been heard together and are being disposed of by a common judgment. As the salient features of all the writ petitions are similar in essential particulars, we may, for understanding the nature of the controversy, only refer to the facts of Writ Petition No. 217 of 1970 (B. V. Subhaiah v. State of Andhra Pradesh) , because Shri Sarjoo Prasad who led the arguments on behalf of the petitioners addressed us by reference to this writ petition as illustrative of the common controversy.

(2.) Writ petition No. 217 of 1970 has been presented in this Court by 387 teachers under Article 32 of the Constitution praying for a Writ in the nature of mandamus or order or direction restraining the respondents from giving effect to, (i) the orders, G. O. Ms. No. 2219 dated November 3, 1967, read with Government of Andhra Pradesh Memo No. 6573 dated November 8, 1968 and G. O. Ms. No. 1321, dated June 17, 1969, (ii) the substituted Rule 14 of the Rules made under the Andhra Pradesh Municipalities Act, and (iii) the substituted Rule 16 of the Rules made under the Panchayat Samitis and Zilla Parishads Act. A declaration is also claimed to the effect that order No. G. O. Ms. No. 2219 dated November, 1, 1967 read with Government Memo No. 6573 dated November 8, 1968 and G. O. Ms. No. 1321 dated 17, 1969, Note 2 of the Fundamental Rule 56 (a) and the Rules made under the Andhra Municipalities Act and Andhra Pradesh Panchayat Samitis and Zilla Parishads Act are illegal and unconstitutional and for a further declaration that the rules laid down in G. O. Ms. No. 3099 dated November 30, 1964 and No. 1596 dated June 28, 1966 are applicable to the petitioners subject to the conditions stipulated in those orders.

(3.) These petitioners claim to be working as permanent teachers in the service of Zilla Parishads, Panchayat Samitis and Municipalities for the last 25 or 30 years. According to their averments, the retirement age for the teacher in the service of the Andhra Prasesh Government, Zilla Parishads, Panchayat Samitis and the Municipalities is fixed at 55 years. Under F. R. 56 (a) and the Subsidiary Rules of the Andhra Pradesh Government, 1962, a government servant may however be retained in service after completing 55 years with the sanction of the Government and in special circumstances he may even be retained in service after 60 years. Rule 14 of the Establishment Rules made under the Andhra Pradesh Municipalities Act, 1959, and Rule 16 of the Rules made under the Andhra Pradesh Zilla Parishads and Panchayat Samitis Act, 1959, also fix the age of retirement at 55 years for the employees of these bodies. The Fundamental Rule providing for extension of the age of retirement with the sanction of the Government on public ground was also claimed in the petition to be applicable to the employees under the Municipalities Zilla Parishads and Panchayat Samitis, though at the hearing no serious attempt was made to substantiate this averment, or to show how it advances their case.