- (1.) The basic issue raised for consideration in these appeals is the retirement age of the respondents, who were teachers with the Appellant society. According to the appellant, the retirement age of teachers in their school is 58 in accordance with the sub-rule (1) of the Rule 34 in Schedule- F of the Bombay Primary Education (Gujarat Amendment) Rules, 1978. (Hereinafter, Amendment Rules). Respondents-teachers claimed that they could continue in service till the age of 60 as per the Rule 29 of the Leave Rules of the Appellant Society, which is applicable in their case. It is also their case that the applicability of Leave Rules is saved by virtue of sub-rule (3) of the Rule 34 in Schedule-F of the Amendment Rules.
(2.) The relevant Rules are extracted hereunder : Sub-rules 1 and 3 of Rule 34 in Schedule -F of the Amendment Rules : "34. Age of superannuation of Teachers: (1) An employee shall retire at the age of 58 years. However, a review of the work will be undertaken at the age of 55 years for deciding whether he deserves to be continued beyond the age of 55. (2) ** ** ** ** (3) These rules shall not apply to employees who are already employed on a contract basis for a definite period. However, the management shall not make any appointments on contract which would defeat the provisions of these rules" Rule 29 of the Leave Rules : "The age of retirement for servants of the society will ordinarily be 60 years but the Governing Body may require a Medical Certificate of fitness after the age of 55"
(3.) Facts as emerging from the Original Civil Suit and the subsequent Appeal before the High Court leading to these appeals by special leave are as under : That one Mr. Shiv Prasad Valjibhai was appointed as a teacher in a Primary School owned by the Appellant society. He was informed by the Appellant that he would be retiring from service on completion of 58 years in 1983 Shiv Prasad Valjibhai filed the Civil Suit No. 2001 of 1983 in the City Civil Court at Ahmedabad, mainly seeking a declaration that his age of retirement is 60 and also prayed for other consequential relief. Some of the Respondents herein impleaded themselves as parties in the said Suit. The Appellant Defendant maintained the stand that the Respondents/Plaintiffs are to be retired at the age of 58 as they are following the Rules and Regulations applicable to the teachers of the Municipal School Board.;