Kuldip Singh, J. - (1.) The question for our consideration is whether the age of superannuation of the teachers, working in the municipal schools in Vidarbha Division of Maharashtra is 60 or 58 years.
(2.) The teachers working in the High Schools run by Municipal Council, Hinganghat filed a petition before the Nagpur Bench of the Bombay High Court claiming their age of superannuation to be 60 years and praying that the bye-law framed by the Municipal Council providing the said age to be 58 years be quashed. The High Court dismissed the writ petition holding that the age of retirement of the teachers fixed under the bye-laws of the Municipal Council Hinganghat was valid and in accordance with law. This appeal by way of special leave is by the teachers against the judgment of the High Court.
(3.) The appellants joined service as teachers prior to November 1, 1956 in the High Schools run by the Municipal Council Hinganghat district Wardha. The said district was part. of the then State of Madhya Pradesh. The conditions of service of the appellants were governed by the provisions of the Madhya Pradesh Secondary Education Act, 1951 (the Act). The State Government framed Regulations (Regulations) under Section 20 of the Act which came into force on February 18, 1953. Chapter XII of the Regulations was under the heading "the School Code". Clause II of Chapter XI of the Regulations stated that "every recognised school shall comply with the provisions of the School Code as laid down in Chapter XII of the Regulations ........" Chapters XI and XII of the Regulations being statutory it was mandatory for the recognised schools to comply with the provisions of "the School Code" as provided under Chapter XII of the Regulations. Clause 7 of Chapter XII to the relevant extent reads as under: "(1)....On confirmation, the head-master or the teacher, as the case may be, shall sign a contract of service in the form prescribed in Form III or IV appended to this Code, as the case may be, as soon as practicable... ......." ;