AHMEDABAD EDUCATION SOCIETY Vs. SHIVPRASAD VALJIBHAI ACHARYA

JUDGEMENT

(1.) This appeal is directed against the order of the Chamber Judge of City Civil Court (Court No. 29) passed on 30-8-1983 in Civil Suit No. 2001 of 1983.

(2.) Plaintiff No. 1 is the primary teacher and the only question which was required to be decided was as to whether the retiring age of this primary teacher is 58 years or is 60 years. Now when this plaintiff joined the service the appellant-society had with them their own Leave Rules. Rule 29 was as under :

(3.) The learned Civil Judge did not apply Rule 34 to plaintiff No. 1 as at that particular point of time by several writ petitions filed in this Court interim stay was granted to the effect that Schedule-F shall not be operative. There were as many as 40 petitions, one of them being Special Civil Application No. 305 of 1979. All these 40 applications came to be disposed of by the Division Bench of this Court on 1-9-1983 and Schedule-F and all rules are held valid and the interim relief is vacated. Under these circumstances Rules 34(1) and (3) were required to be read.