RAMA CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This batch of cases referred to us by the order of the Division Bench are petitions under Articles 226 and 227 of the Constitution of India raising a common question of importance as to what is the age of retirement of non-Government primary school teachers and whether the rule framed on 15-3-1986 by the Government retrospectively from 1-4-1985 fixing the age of retirement at 58 years is valid and applicable to the petitioners. In each of these cases, the notice of retirement issued to the petitioners has been challenged. Even though the original question on which the Division Bench referred the matter was whether the age of superannuation of the non- Government aided school teachers and the teachers appointed by the Local Board, Bhadrak is 58 y ears or 60 y ears, yet t he scope of the writ petitions have become much larger and is indeed of sweeping nature touching the conditions of service regarding superannuation of all the non-Government aided primary school teachers commonly known as non-Government primary school teachers of the whole State and not merely whether the age of retirement is 58 years or 60 years but whether there is no age of retirement for such teachers as is contended by the petitioners.

(2.) The facts common to the writ petitions are rather exhaustive. Prior to 1966 there was no age of retirement fixed for non- Government primary school teachers. In 1966 a scheme was framed by the Government known as non-Government primary school teachers contributory Provident Fund, Insurance, Pension Rules, commonly called the Triple benefit scheme, with retrospective effect from 1-4-1964. The provisions of the scheme were applicable only to those teaching staff of the recognised non- Government primary schools including the Basic Schools who were not above 30 years of age on the 1st day of March, 1964. Under the scheme the age of compulsory retirement of the trained teachers was 60 years and of the non-trained teachers 58 years. The scheme having no application to the teachers who were above 30 years of age on 1-4-1964, no age of retirement of such teachers had been fixed.

(3.) The scheme had no statutory backing and was a set of executive instructions. On 14-12-1967 letter No. 36100(32)-II-E. A- 280/67-E was issued from the Education Department to the Director of Public Instruction, Orissa/All Inspectors of Schools/All District Inspectors of Schools/ Inspectress of Schools/ All Panchayat Samitis and all Grama Panchayats issuing a set of instructions, effective from 1-12-1967 (hereinafter called the 1967 instructions'), for guidance of Panchayat Samitis, Grama Panchayat and Officers of the Education Department regarding management and control of Primary Education. The instructions were enclosed to the letter. In the instructions the type of primary schools which would come under the Panchayat Samiti management were categorised. These were Government primary schools (in Ganjam Agency), Government-managed Primary Schools (in ex-State areas), Schools taken over from ex-District Boards, Directly- aided Primary Schools and Junior Basic Schools. The instructions further provided that until service conditions relating to the District cadre are formulated, the existing teachers of those categories of schools would continue on the same terms and conditions existing at the time of its issue. Under instruction No. 14 the age of superannuation was stated to be same as applicable to a Class-III Government servant. These instructions also did not have any statutory backing but however were framed in supersession of earlier instructions.