V R VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 20.11.2017 (Annexure-P/8) passed by respondent No. 5 thereby retiring the petitioner at the age of 60 years.

(2.) The petitioner is working on the post of Lecturer in the respondent-school. The said school is running by respondent No. 5 Cantonment Board. The respondentschool has been recognized under the Recognition Rules of 2015 and, therefore, these Rules of 2015 are applicable to the respondent-school in relation to the teachers concerned. The age of superannuation in respect of the teachers has changed from time to time. Initially, the age of superannuation for Government Teachers was enhanced from 60 to 62 years. Thereafter, Madhya Pradesh Government Servant (Age of Superannuation) Rules have been amended, wherein, the definition of teachers have been expanded including the Government Teachers within the ambit of Government Servant for purposes of superannuation age. Thereafter, in the Recognition Rules of 2015, the age of superannuation for non Government Teachers has been extended from 60 to 62 years.

(3.) The petitioner has further stated that a memorandum of settlement has been arrived between the All India Cantonment Board Employees Federation and respondents No. 1 & 2, wherein, it has been agreed that pay and allowances of Cantonment Board Employees would be equated to that of concerned State Government Employees. In the said settlement, it has also been decided that the employees of the respondent Board would not be considered as employees of Central Government. Thus, it is evident that age of superannuation of the employees like the petitioner is not governed by Cantonment Fund Servant Rules, 1937. In the present case, the respondents have issued a notice 20.11.2017 thereby retiring the petitioner at the age of 60 years. Being aggrieved by that order, the petitioner has filed the present petition.