BANDHUPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The main controversy raised in all these petitions under Articles 226 and 227 of the Constitution of India is whether the resolution dated 29.10. 90 of the State Government raising the age of superannuation from 58 to 60 years of Nationalised Elementary Schools/ Nationalised Secondary Schools retiring on and after 30. 9. 89/31.10. 89 is applicable to the teachers of the Government Basic Schools/Government Secondary Schools and in case it is not whether the State can deny its benefit to them without violating Articles 14 and 16 of the Constitution.

(2.) The petitioners in CWJC No 612/90 and other analogous cases are teachers of Goverment Basic Schools whereas the petitioners of CWJC No. 8811/91 and other analogous cases are teachers of Government Secondary Schools. Some of the petitioners, though holding the post of teachers, were working on inspecting or supervisory posts. They have prayed for issue of a writ in the nature of mandamus directing and commanding the respondent- State not to retire them on completion of 58 years of age and to allow them to continue in service till they attain the age of 60 years and to pay them the salary and other benefits to which they are entitled. Their case is that after the take over of the non-Government Elementary Schools with effect from 1 1 71 by Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976 and Non-Government Secondary Schools with effect from 2 10 80 by Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 the teachers of the Nationalised Elementary and Secondary Schools became Government teachers. By virtue of the various circulars/orders/notifications etc. issued by the State Government from time to time, the service conditions of teachers of Government Schools and Nationalised Schools became identical including the age of superannuation which was fixed at 58 years. The State Government concluded two agreements with the Teachers' Association-one dated 22 9 89 in respect of teachers of Elementary School is and another dated 19 10 89 in respect of teachers of Secondary Schools and one of the terms of agreement was that the age of superannuation of the teachers, would be raised from 58 to 60 years. In implementation of the aforesaid agreements the State Government in the Human Resources Development by resolution No. 2412 dated 29th October 1990 took a decision that the teachers of Rajkiya Krit Primary Schools who retired on 30.9 89 or thereafter and the teachers of the Rajkiya Krit Secondary Schools who retired on 31 10 89 or thereafter will retire at the age of 60 years The case of teachers of Government Schools in that the two agreements concluded between the State Government and the teachers' Association raising the age of retirement applied to teachers of Government Basic Schools and Government Secondary Schools also. Their further case is that in case the Government resolution was not so applicable, the State Government cannot deny its benefit to teachers of Government Basic and Secondary Schools as that would result in hostile discrimination against the petitioners and would be violative of their right to equality before the law and the equal protection of law as enshrined under Article 14 of the Constitution.

(3.) Some of the teachers of the Government Basic Schools filed writ petitions claiming the benefit of the State Government Resolution dated 29 10 90 raising the age of superannuation from 58 to 60 years and CWJC No. 1999/90 filed by Sri Lakshmi Narain Sharma and CWJC No 7891/90 filed by another were allowed by a Division Bench of this Court by order dated 28 1091 passed in CWJC No. 1999/90 Against the decision of this Court rendered in Lakshmi Narain Sharma's case an appeal was preferred by the State of Bihar by way of Special Leave to the Supreme Court which was dismissed on the ground of delay in filing the same. On the basis of the decision in Lakshmi Narain Sharma's case a number of writ petitions filed by Government teachers were allowed including CWJC No 612/90 Nag Narain Singh and Others v. State of Bihar and CWJC No 51/92 (Smt ) Sushila Lal v State of Bihar The State of Bihar preferred an appeal to the Supreme Court against the judgment of this court in CWJC No. 612/90 and CWJC No 51/92 and both Civil Appeal No. 1844/93 and Civil Appeal No 1845/93 were disposed of by the Supreme Court by a common order dated 4.1.94. While allowing the Civil Appeals and setting aside the order of the High Court and remitting the matter back to the High Court for disposal at an early date their Lordships were pleased to direct that the papers be placed before the learned Chief Justice of this Court to enable him to decide if on account of the decision of the Division Bench in Lakshmi Narain Sharma's case he would deem it appropriate to constitute a larger Bench to go into this aspect of the matter. A Division Bench of this Court taking note of all this by an order dated 1 2 94 directed the matter to be placed before the Chief Justice for constituting a larger Bench. The Full Bench was accordingly constituted to hear these cases. The Full Bench ordered the listing of all similar cases pending in the court for hearing and directed the parties to file synopsis and paper books containing all relevant papers including the translation of Hindi documents. Ihe petitioners have accordingly filed paper books marked Part I, IV, V & VII and those filed by the respondent-State are marked II, III and VI.