AGARWAL SHIKSHA SAIMITI Vs. NAND KISHORE SHARMA

JUDGEMENT

(1.) SINCE , on similar set of facts, common order passed by the learned Single Judge is under challenge in the above appeals, the same have been heard together and are being decided by this common judgment.

(2.) THE orders of compulsory retirement dated 27.6.1994 came to be challenged by the concerned employees before the Rajasthan Non -Government Educational Institutions Tribunal, Jaipur. After considering entire facts and circumstances, the Tribunal, dismissed the appeals filed by the concerned employees by a common order dated 30.5.1995 holding that since it was subjective assessment of the management there was no illegality in the orders of compulsory retirement. The learned Single Judge, however, while allowing the writ petitions challenging the orders of compulsory retirement as also the order of the Tribunal, quashed the order of compulsory retirement and set aside the order of the Tribunal. Directions were issued to the appellants to reinstate the concerned employees with all consequential benefits. The learned Single Judge, though, held that a bonafide action taken in the public interest by the appropriate authority for compulsory retirement, the interference of the court is not called for, however, observed that in absence of any particular rule in regard to compulsory retirement the action of the management cannot be sustained in the eyes of law.

(3.) THE service condition of the employees of Rajasthan Non -Government Educations Institutions are governed by the Rajasthan Non -Government Educational Institutions Act, 1989 (for short 'the Act') and the Rules made thereunder namely; Rajasthan Non -Government Educational Institutions (Recognition, Grantin -aid and Service Conditions etc) Rules, 1993 (for short 'the Rules'). Section 16 of the Act makes a reference to compulsory retirement and the same is reproduced hereinafter: