B P SINGH Vs. DIRECTOR GENERAL ORDNANCE FACTORY

JUDGEMENT

(1.) B. P. Singh and nine other teachers employed in the schools run by the Ordnance Factories at Kanpurand Muradnagar, have filed this petition under Art. 32 of the Constitution of India challenging their retirement from service on attaining the age of 58 Years. They claim that they are entitled to have the age of superannuation fixed at 60 Years instead of 58 years.

(2.) Mr. O. P. Sharma learned counsel appearing for the petitioners, has contended that the age of superannuation of the teachers working in the schools controlled by various departments of Government of India other than the Defence Department has been enhanced to 60 years and according to him there is no justification to single out the teachers working in the schools run by the Ordnance Factories under the control of the Defence Department of Government of India.

(3.) Mr. Sharma has relied upon a Memorandum issued by the Government of India, Ministry of Education dated September 6, 1983 by which the age of retirement of Delhi School Teachers and teachers in other Union territories was raised to 60 years. He has also relied on a Memorandum dated March 9, 1984 issued by the Railway Board wherein the age of superannuation of the teachers working in the Railway schools was also enhanced to 60 years.