MADHABANANDA DAS Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) The petitioner. a teacher in a non-Government primary school at Kathiapada, has filed this application under Art. 226 of the Constitution for the issue of a writ of mandamus directing the opposite parties, namely, the State of Orissa, Director of Public Instructions (Schools) and the Panchayat Samiti. Jagatsinghpur not to give effect to the Instructions contained in Annexures G, I and 1-1 annexed to the petition and for quashing the same.

(2.) The case of the petitioner, as set out in the petition, is that in January, 1930 he was appointed as a teacher in non-Government primary school at Kathiapada. and one of the conditions of his service was that he was to continue in service so long as he was physically fit and mentally alert. That this was the condition of service of all non-Government primary school teachers is clear from the letter of the Director of Public Instructions dated 28-8-1952 to all Inspectors of Schools, the material portion of which runs thus'

(3.) On 14-12-1967. Government issued a set of instructions for guidance of the Panchayat Samities and Grama Panchayats and officers of the Education Department regarding management and control of primary education (Annexure-G). These instructions which dealt exhaustively with recruitment, transfer, leave, promotion and disciplinary proceedings etc. of teachers provided inter alia that the age of superannuation of teachers shall be as applicable to Class III Government servants and that a teacher can be re-employed only by specific orders of Government, and the power relating to service matters of non-Government primary school teachers was vested in the District Inspectors of Schools concerned. Early in 1968, Government passed a resolution to reduce the age of compulsory retirement of State Government servants from 58 to 55. As by the resolution Annexure-G dated 14-12-1967 the age of superannuation of teachers was to be as fixed for Class III Government servants the resolution reducing the age of superannuation to 55 equally became applicable to the teachers and some of them stood in danger of being retired immediately. But as Government felt that such teachers did not have enough notice for retirement and as examinations were to be held shortly. Government issued the letter Annexure-I dated 12th March, 1968 to the Director of Public Instructions to the effect that the date of retirement in the case of primary school teachers in non-Government schools may be extended till the end of May, 1968 even if they had attained the age of 58 years before that date, but that notice of retirement should be given to them immediately. In pursuance of this direction of Government which was circulated to all Panchayat Samitis the Block Development Officer, Jagat singhpur issued the order Annexure 1-1 dated 2- 4-68 that the petitioner should retire from service with effect from 9-6-1968. Very shortly thereafter that is on 9-5-1968, the petitioner filed the present writ application challenging the validity of the orders contained in Annexures-G, H and 1-I and praying for the reliefs already mentioned.