SUBBAMMA Vs. CENTRAL BOARD OF SECONDARY EDUCATION CHENNAI

JUDGEMENT

(1.) THE two petitioners who were employed as Graduate teachers in the fifth respondent School were sought to be retired at the age of 58 years on the ground that the age of retirement in respect of teachers was only 58.

(2.) ON the contrary, the petitioners contended that as per the Affiliation by-laws of the Central Board of Secondary Education (CBSE), the retirement age as per Rule 30 is 60 years. If the age of superannuation fell during academic session, the concerned employee will retire at the end of the academic session. It is on these grounds they had prayed for continuance in their service till they attain 60 years and further prayed that they should be allowed to continue in service till the end of the academic year 2011-2012.

(3.) NOTICE was ordered on these writ petitions. Mr. G. Nagarajan, learned counsel appearing for the first respondent stated that no relief was claimed against them. But however, he pointed out that as per Rule 24 of the Affiliation Bylaws, each school affiliated to the CBSE will frame Service Rules for its employees as per the Education Act of the respective State or Union Territory. If such Act makes adoption of the same obligatory, otherwise as per Service Rules given in subsequent paras. It was also stipulated that each school shall enter into service Contract with each employee as per the provisions of the Education Act, if not obligatory as per the State Education Act.