KAGGA SAVITHRI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who are working as Sweepers in Sri Durga Malleswari Swami Devasthanam Vijayawada and. who were asked to retire from service on completion of 60 years of age, have filed this writ petition for the issue of a Writ of Mandamus declaring (a) that the age of retirement for the petitioners is 65 years as per the rules framed under the Hindu Religious and Charitable Endowments Act, 1951 and (b) that the petitioners are entitled for the pensionary benefits in accordance with the benefits extended to the Government employees as per G.O.Ms.No. 156 dated 29-4-1983 and G.O.MS.NO. 201 dated 12-2-1982.

(2.) The petitioners were appointed on fixed pay on N M R basis on 1-4-1955, 13-6-1951 and 1-11-1970 respectively, and they were given regular scale of pay from 1-11-1981. While so, the Devasthanam issued notices to the petitioners that as they have completed 60 years of age they are not entitled to continue in service. According to the petitioners, as per the Rules framed under, the Hindu Religious and Chairtable Endowments Act, 1951 ('1951 Act' for short), every person who has not attained the age of 65 years is entitled to be appointed in the temple, they are entitled to be continued till they attain 65 years of age. It is also alleged by the petitioners that the Rules framed under the 1951 Act continue to be in force in view of the provisions contained in Section 109 of the A.P. Act 17 of 1966 under which all rules made, notifications or circulars issued, orders passed decisions made, proceedings taken, under the said Act of 1951 shall continue to be in force and they shall be deemed to have been made applicable under the Act, and therefore they have to retire from service at the age of 65 years, and the notices dated 15-6-1990 issued by the 3rd respondent proposing to retire them from service on completion of 60 years are illegal and impermissible.

(3.) The respondents have filed a counter stating that as per the existing rules as applicable to the class of service to , which the petitioners belong is 60 years as is followed uniformly throughout the State and therefore the petitioners are not entitled for any relief in this regard. It is further contended by the respondents that the Rules under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966 (Act 17 of 1966) have come into force on 17-11-1986 as per G.O.No. 1478 dt. 17-11-1986 and Rule 9 there of specifically provides the age of superannuation which is fixed at 60 years. In view of this rule the petitioners are not entitled to continue in service till they attain the age of 65 years. The respondents have also relied upon two unreported judgments, of this Court. In the first of the judgments a Division Bench consisting of the Chief Justice and Anjaneyulu, J., in W.P.Nos. 1243, 1359 and 2569 of 1983 dated 27-11-1986 it was admitted that there were no rules in regard to service conditions of the employees under Act 17 of 1966. But in fact it was not brought to the notice of Division Bench that by 17-11-1986 certain rules under the Act 17 of 1986 have been framed. The contention that was raised before the Division Bench was that the rules framed under Section 100 (2) (y) of the Madras' Act govern the petitioners. Rule 4 (2) framed under Section 100 (2) (y) of the Madras Act (Vide G.O.Ms.No. 584, Rural Welfare dated 28th May, 1952) provides as follows