THAKORLAL PRANLAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in all these petitions are Government servants and are working as Teachers in affiliated colleges. The petitio- ners have raised a common question that though they are Government servants they being the teachers of the affiliated colleges and the age of retirement in affiliated colleges being 60 years Government cannot retire them on completion of 58 years of age in accordance with Rule 161 of the Bombay Civil Services Rules 1959 (hereinafter referred to as the B.C.S. Rules). Since all the petitions raise a common question regarding the age of retirement of Teachers of the affiliated colleges who are also Government servants all the petitions were heard together at the request of the Advocates of the parties and are disposed of by this common judgment.

(2.) Since there is some difference in the Rules made by the Gujarat University and the Saurashtra University I will narrate the facts in two sets. Shri T. P. Desai petitioner of Special Civil Application No. 978 of 1985 Shri G. A. Vohra and others petitioners of Special Civil Application No. 1046 of 1985 and Shri H. N. Raval petitioner of Special Civil Application No. 3461 of 1985 are all at present working as Teachers in Colleges Affiliated to the Gujarat University whereas Shri G. J. Vaidya petitioner of Special Civil Application No. 3412 of 1985 and Shri V. L. Bhatt petitioner of Special Civil Application No. 3528 of 1985 are at present working as Teachers in a College affiliated to Saurashtra University.

(3.) So far as the Gujarat University is concerned. Mr. Girish Patel learned Advocate for petitioners in Special Civil Applications Nos. 978 of 1985 1046 of 1985 and 3461 of 1985 has relied upon the resolution dated 20-8-1977 from the printed Proceedings Book of the Executive Council of the Gujarat University. The said resolution made by the Executive Council in its meeting held on 20-8-1977 is in Gujarati. The relevant portion of it which is material for our purposes reads: *** The petitioners have been permitted to produce a copy of the minutes particularly item No. 16 thereof of the meeting of the Executive Council of the Gujarat University held on 20-8-1977.