STATE OF WEST BENGAL Vs. GOPAL CHANDRA PAUL

JUDGEMENT

(1.) Leave granted.

(2.) Shorn off procedural wrangles, the core question in these appeals is whether the superannuation at the age of 60 years available to the teaching staff of the Government Schools of the Education Department of West Bengal would stand extended to the inspecting staff of the said Department. The learned single Judge and Division Bench reached their decision on inter-transferability at some stage of the teaching staff and the inspecting staff, which position was not accepted by the State and held that the inspecting staff would stand on parity with the teaching staff and thereby the benefit of superannuation of 60 years would be applicable to the inspecting staff. Rule 75 of the West Bengal Service Rules-Part 1 (for short the Rules') in Chapter X provides superannuation of the Government employees other than a members of the Group Rs. D' (Class-IV) service who shall retire from service compulsorily with effect from the afternoon of the last date of the month in which the employee attains the age of 58 years. The second proviso thereto adumbrates an exception that "provided further that the age for retirement as prescribed in this Rule shall not be applicable in cases where higher age-limit up to 60 years for retirement has been fixed under any general or special orders of Government." In the Notification No. 1995-Edu (A) 17A-1/81 dated October 1, 1981, it was stated that "notwithstanding anything contained in the Rules, the date of compulsory retirement of a teacher of a Government Education Institution shall be the date on which he attains the age of 60 years which was superseded ultimately by Notification No. 0426-Education dated May 29, 1990. Therein the Governor, while extending the last date to file options by all categories of teaching staff of Government schools and Government Madras has up to June 4,1990. Situplated thus:

(3.) Thus, it would be clear that the age of superannuation of teaching staff of Government Schools and Government Madarshas appointed prior to January 1, 1986, who elect to opt to the Rules, shall be 60 years. This would also be applicable to those teaching staff who had been enjoying the extension of service of year to year basis on and from January 1, 1986 to the date of May 29, 1990 provided that they have already retired or agreeing to retire on or before June 4, 1990. It is manifest that Rule 75 of the Rules would be applicable to all Government Staff except Group Rs. D' and employees covered by the notification issued under the 2nd proviso. The normal Rule of superannuation of all Government servants except the excepted class of employees is 58 years. For the teaching staff, the superannuation is 60 years.