CHANDRA LEKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners are teachers appointed in the respondent-Guru Nanak Public School run by the respondent Guru Nanak Education Society, which is a society registered under the Societies Registration Act. The petitioners' schools are unaided educational schools and the Rajasthan Non-Government Educational Institutions Act, 1989 (for short 'the Act of 1989') is applicable upon the respondent-educational institutions and consequentially the Rules framed thereunder the Rajasthan Non- Government Educational Institutions (Recognition, Grant-in-aid) Rules, 1993 (for short 'the Rules of 1993') are also applicable. According to the learned counsel for the petitioners, the State is empowered to frame rules under Section 43 of the Act of 1989 and the rule 45 provides and empowers the State Government to frame rules with respect to age of superannuation of the teachers and the employees of the educational institutions. The educational institutions, whether aided or unaided, both are governed by the Rules framed by the State Government. Both the educational Institutions, aided or unaided, are required to obtain recognition of the institution and the educational institution under Rule 5 of the Rules of 1993 and both types of institutions are required to submit an application in prescribed form to the competent authority as specified in Appendix-III, which provides that the institution fulfills all the terms and conditions as laid down by the Government from time to time. On furnishing of this undertaking only, the educational institution can be recognised, as stated above, aided as well as unaided. The respondent- educational institutions in their Constitution itself very specifically provided in clause 13, which is prescribing age of superannuation of the employees of the society and undertook to abide by any decision taken by the State Government. According to the petitioners, the teachers are also employees of the society and educational institution and condition No. 13 of the Society's Constitution very specifically provided as under:-

(2.) Therefore, as per the Constitution of the Society, as per the law and as per the undertaking given by the respondents, the respondent-educational institution is bound to follow the rules framed by the State Government with respect to the age of superannuation of its employees including teachers.

(3.) The State Government, by exercising powers under Section 43 of the Act of 1989, framed the Rules of 1993 and under Rule 45, prescribed the age of superannuation for the teachers and the employees of the educational institution as 58 years. This rule 45 has been amended by Notification dated 30.6.2004. By this amendment, the age of superannuation of teachers and other employees of the educational institution have been increased to 60 years from 58 years, yet the respondents are following the old Rules and passed the order for petitioners' retirement on attaining age of 58 years. The learned counsel for the petitioners submitted that the appeals were preferred before the Rajasthan Non-Government Educational Institution Tribunal, Jaipur, wherein this issue was raised wherein the Tribunal allowed the appeals on 24.1.2005 and directed the educational institutions to follow the amendment made in rule 45 by the State Government vide order dated 30.6.2004 and should retire the employees-teachers only on attaining the age of 60 years. This matter came before this Court in S.B. Civil Writ Petition No. 1719/07-Guru Nanak Education Society, Udaipur & Anr. vs. Rajasthan Non-Government Education Institutions Tribunal Jaipur & Ors. and this Court set aside the judgment of the Tribunal dated 24.1.2005 and thereby quashed the directions of the Tribunal to retire the teachers and employees on attaining age of 60 years in place of retiring them at the age of 58 years, but the Division Bench of this Court in D.B.Civil Special Appeal (Writ) No. 1993/08- Managing Committee, Shri Khandelwal Vaish Kendriya Senior Secondary School vs. Rajasthan Non-Government Educational Institutions Tribunal & Ors. decided on 15.12.2008, after considering the Government's order dated 30.6.2004, clearly held that after the Notification dated 30.6.2004, the teachers can be retired, not on attaining the age of 58 years but can be retired on attaining age of 60 years.