LAXMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in all these petitions are all teachers working in various schools run by the Gqvt. of Karnataka,. Their services stood allotted to the State of Karnataka under the provisions qf the Stages Re-organisation Act. In the States in which they were working before the re-organisation of States, the age of superannuation had been fixed at 55 years. In the case of teachers who were working in the former State off Mysore and who were also allotted to the State of Karnataka, the; age of superannuation was SB yeas. Similarly teachers who were wording in the schools belonging to certain Local school Boards and Municipalities who became Govt servants on the said schools being taken over by the Govt also were liable to be retired at 58 years of age. The Gqvernor of Karnataka increased the age of superannuation of teachers who had been allotted to the State of Karntaka from all integrating areas, other than ex-Mysore area and of those who had joined service after 1-11-1956 to 58 years by amending R.95 of the Karnataka Civil Service Rules by introducing Clause (d) which after amendment read as follows :

(2.) The said amendment was introduced with effect from 5-4-1966. But by the Karnataka Civil Services (Twenty Second Amendment) Rules 1973 which is hereinafter referred to as the impugned amendment Cl. (d) of Rule 95 was deleted. The impugned amendment came into force on .17-11- 1973. The result was that the age of superannuation was again reduced to 55 years. The impugned amendment reads as follows :

(3.) After the promulgation of the impugned amendment the State Govt. issued an Official Memorandum dt.23-11-1973 stating that the impugned amendment did not affect the persons whose age of superannuation was 58 years in the State from which they were allotted under the States Reorganisation Act. It also took action pursuant to the impugned amendment and issued orders cf retirement to those teachers who were affected by the impugned amendment. Aggrieved by the orders of retirement served on them and by the impugned amendment the petitioners have filed these petitions questioning the constitutionality of the impugned amendment. . The writ petitions are resisted by the State Govt. It is urged on behalf of the State Govt. that the impugned amendment was promulgated after the State Govt. had taken a decision to retire all. teachers at 55 years of age and that action was also taken to write to the Central Govt. seeking its approval under the proviso to S.115(7) of the States Reorganisation Act for fixing the age of retirement of teachers from ex-Mysore area at 55 years. The allegation that the impugned amendment was unconstitutional is denied by the respondents. The following contentions were urged on behalf of the petitioners In support of these writ petitions :