SANTHA, NAGAON Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) The present appeal has been filed against the judgment of the learned Single Judge dated 7th Jan., 1994 in Civil Rule No.2733 of 1991.

(2.) We have heard Mr. PK Goswami, Senior Advocate for the appellant at some length and also the counsel appearing for the respondents and the present appeal is being finally decided.

(3.) Civil Rule No. 2733 of 1991 was filed by the appellant-petitioner, which is a society recognised by the State of Assam and representing the teachers and other employees of the High and Higher Secondary' and Madrassa Schools of Assam. Admittedly the schools, whose employees the appellant-petitioner represents, where in receipt of grants from the State Government for maintenance and to the aforesaid schools and the provisions of the Assam Aided High and Higher Secondary School Employees' Rules, 1960 (hereinafter referred to as the Rules, 1960) applied. The aforesaid Rules, 1960 were later on amended in the year 1965 and a new set of Rules were framed which were known as "Amended Assam Aided High and Higher Secondary School Employees Rules, 1965" (hereinafter referred to as the Rules, 1965). As per these Rules, the age of superannuation of teachers is 60 years, which may extend upto the age of 63 years and, in some cases, it may extend beyond the age of 63 years, subject to the maximum period of one year.