MAHENDRAPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner was a Ship Modelling Instructor - Store Keeper in the 2 m. P. Naval Unit of the National Cadet Corps (N. C. C.) He was so selected for appointment to this post of Ship Modelling Instructor by the Directorate of Collegiate education, M. P. A formal order of appointment was issued by Officer Commanding 2 m. P. Naval Unit N. C. C. on 1st of July, 1982. By letter dated 22nd January, 1986 the commanding Officer intimated the petitioner that he will be retiring from service with effect from 14-11-86 on his attaining the age of superannuation i. e. 58 years. The petitioner immediately submitted his representation on 24th of January, 1986 alleging that since he was employed as a 'teacher' in an 'educational Institution', his date of superannuation is 60 years and not 58 years in accordance with the M. P. Shaskiya sevak (Adhivarshiki-ayu) Adhiniyam, 1967 as it stands amended by the M. P. Shaskiya sevak (Adhivarshiki-ayu) Sansodhan Adhiniyam, 1984. As his representation was not heeded to, the petitioner rushed to this court for a direction that as his age of superannuation is 60 years, he could not be retired on his attaining the age of 58 years. Although petition was filed before the petitioner reached the age of 58 years, he has completed his 58 years on 14-11-86 i. e. during the pendency of this petition. He, therefore, must have by now retired from service.

(2.) SECTION 2 of the M P. Shaskiya Sevak (Adhivarshiki-ayu) Adhiniyam, 1967 (Act No. 27 of 1967) substitutes fundamental rule 56 applicable to all Government servants in M. P. and provides that the date of compulsory retirement of a Government servant shall be the date on which he attains the age of 58 years. This, however, has been amended by Act No. 35 of 1984 (Amendment Act ). According to this amendment, a 'teacher' in Government service shall retire on the after-noon of the last day of the month in which he attains the age of 60 years. By an explanation to that amendment the term 'teacher' for this purpose is to mean a Government servant by whatever designation called, engaged in teaching in an eductional institution including technical or medical institutions, run by Government. This amendment has been made applicable with effect from. 5th Sept. 1984. The State of Madhya Pradesh (school section) issued a circular No. P/4/226/85/a-1/20 dated Bhopal, the 5th of January, 1985. This circular mentions that the Chief Minister of the State has made a declaration that all such teachers who are actually working on administrative posts but who have spent a large period of their service in teaching, shall not be retired on attaining the age of 58 years until further orders. The circular indicates that an amendment to make effective the declaration of the Chief Minister was in contemplation. In view of the amendment made in the Act No. 29 of 1967 by Act No. 35 of 1984, the petitioner alleges that he is a teacher appointed in an Educational Institution i. e. the National Cadet Corps and has ever since been doing the job of teaching i. e. Instructing the students in various colleges and schools and have been imparting them military education. He, therefore, claims the benefit of this amendment and contends that his age of retirement should be taken as 60 years and not 58 years and should therefore, be allowed to continue in service till he attains the age of 60 years. After hearing the learned counsel for the petitioner and the Government Advocate we are of the opinion that the contentions raised have no force and the petition must be dismissed.

(3.) IT is somewhat difficult to define the term 'institution' in the modern acceptation of the word. Lord Herschall in his speech in Manchester Corporation vs. Acadam, 1896 AC 500 relying upon the definition in Imperial Dictionary described this term to mean an undertaking formed to promote some defined purpose having in view generally the instruction or education of the public. It can well be a body called into existence to translate the purpose as conceived in the minds of the founders into a living and active principle. It may be an organisation, establishment, foundation, society or the like devoted to the promotion of a particular object specially one of a public, educational or charitable character. The meaning to this word 'institution' will depend upon the context in which it is used. Thus, even a tank may be a charitable Institution when there is dedication in respect of that tank (See Kamaraju Venkata Krishna Rao vs. Sub-Collector, Ongole and another, AIR 1969 SC 563) and 'education' may mean the action or process of educating or of being educated. In one sense this word 'education' may be used to describe any form of training, any manner by which physical or mental aptitude, which a man may desire to have for the purpose of his work, may be acquired. (See Chartered Insurance Institute vs. London Corporation, 1957 2 All. ER 638 ). The term 'education' as used in Entry No. 11 of List II of the Seventh Schedule of the constitution of India, was held by the High Court of Bombay in Ramchand vs. Malkapur Municipality AIR 1970 Bom. 154, to mean teaching or training of the persons in general other than teaching or training for a business or profession. Thus, an educational Institution would be an Organisation or an establishment constituted would be an organisation or an establishment constituted to promote education both technical and non-technical and may also include physical education.