SINGARENI COLLIERIES COMPANY LIMITED Vs. T VENKATA RAMAYYA

JUDGEMENT

(1.) The question whether a mandamus could be issued directing the 1st respondent-Employer to continue the petitioner in service till he attains the age of sixty years by virtue of Circular No.CTE/S/83/88/2249, dated 16-8-1988 is required to be decided in this appeal. The learned single Judge was pleased to issue the mandamus as prayed for by the writ petitioner.

(2.) There is no dispute that the petitioner was appointed by the 1st respondent. The Singareni Collieries Company Limited on 1-7-1976 as a teacher in a school run by the 1st respondent-company. It was an unaided school. The same is resisted by the company on the ground that the Government Rules apply to all teachers working in the school run by the company. Since the age of retirement in Government was only 58, the petitioner was not entitled to be continued in service or to be retired from service till he attains the age of 60 years. On the other hand the writ petitioner complaints that the company denies to the petitioner and other teachers the benefits such as pension, gratuity etc. which are available to Government teachers in aided schools on the ground that the school run by the Company is not an aided school. The learned single Judge held that if the company was not prepared to give the benefits available to the Government teachers, it was not justified in insisting upon the superannuation age to be 58 years because, other employees of the company could be retired only at the age of 60 years.

(3.) It is contended by the company that teaching and non-teaching staff in the recognised schools arc governed by the A.P.Education Act and the Rules made thereunder, according to which the retirement age is 58 years. According to the terms of the petitioner's appointment also the superannuation age is 58 years. Under para 3 of the petitioner's appointment order dated 1-7-1976 it is stated that the petitioner in addition to his basic pay, is entitled to other pecuniary benefits as allowed by the State Government to the teachers working in recognised schools. His service conditions such as confirmation, grant of annual increment, leave, travelling allowance etc., are all governed by the rules and regulations issued by the State Government from time to time for the teachers of the recognised schools or as may be stipulated by the 1st respondent company.