C.S. JAYALAKSHMI D/O C.C. SIDDAPPA Vs. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS 1ST FLOOR, 5TH STAGE, M.S. BUILDING BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY, THE STATE GOVERNMENT OF KARN

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a writ to declare the Government notification dated 28.07.2008 Annexure -G prescribing the age of retirement at 60 years for teaching staff would be applicable to all private unaided schools and to quash the letter dated 21.3.2012, Annexure -H retiring the petitioner from service on completion of 58 years of service. On 27.5.1980 petitioner joined as Teacher in the third respondent school. From time to time petitioner was promoted. As on March 2012, petitioner was working as Head Mistress in the third respondent High school division. Under the impugned letter Annexure -H dated 21.3.2012 the third respondent informed the petitioner that she will be retiring from service on 31.3.2012 on completion of 58 years of service. The Government of Karnataka issued the impugned order Annexure -G increasing the age of superannuation from 58 years to 60 years. Since the third respondent educational institution is recognised by the Government the impugned order is to be applied to it and all other private unaided educational institutions. Petitioner being aggrieved by the impugned letter Annexure -H is before this court.

(2.) LEARNED counsel for the petitioner, Jayna Kothari contends that third respondent school is a private unaided school. The Government of Karnataka recognised the third respondent school. Therefore the third respondent school has to function in accordance with the provisions of Karnataka Education Act and the relevant Rules. The Government of Karnataka in its order dated 28.7.2008, Annexure -G increased the age of superannuation from 58 years to 60 years in all the "Government schools and Government aided private schools. Therefore, the third respondent private unaided school is also bound by the Government Order at Annexure -G. Hence the benefit of the Government order at Annexure -G is to be extended to the petitioner who is working in third respondent private unaided school. Reliance is placed on number of decisions.

(3.) HEARD arguments on both the side and perused the entire writ papers. Relevant decisions relied on by the parties are referred.