VENKATESWARAN Vs. DIRECTOR OF SCHOOL EDUCATION MADRAS

JUDGEMENT

(1.) PETITIONER seeks a writ of certiorarified mandamus, calling for the records relating to the proceedings of the 4th respondent made in proceedings in Ref. Nil, dated 18.2.1993 and to quash the same and consequently to forbear the 4th respondent from retiring the petitioner before reaching the age of 60 years.

(2.) ADMITTEDLY, the petitioner was working in the 4th respondent School, which is governed by the Code of Regulations of Matriculations Schools (hereinafter referred to as the Code). Clause 18(1) of Chapter Vi of the Code reads as follows:

(3.) IN my considered opinion, as rightly pointed out by learned senior counsel for the petitioner, even though the petitioner is a party to the terms and conditions of services of the teaching staff, and Clause 17 of which provides that the retirement age for the teaching staff shall be 55 years. Since the 4th respondent school is governed by the Code, no terms and conditions which runs counter to Clause 18 of the Code, as referred to above, is legally binding on either partly to the agreement executed between the petitioner and the 4th respondent school. IN other words, Clause 18 of the Code prevails over Clause 17 of the terms and conditions of service entered into between the petitioner and the 4th respondent school.