- (1.) We have heard learned counsel on both sides.
(2.) Leave granted.
(3.) This appeal by special leave arises from the order dated September 27, 1994 made in W.A. No. 90/94. As regards the validity of Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977 (Assam Act No. XIX of 1977) (for short, the 'Act') which deals with teachers working in the aided institutions taken over by the Government under the State Act with effect from the appointed day who were recognised to be the existing employees with reference to the appointed day (sic ). Sub-section (3) of Section 4 envisages that notwithstanding anything in the preceding section, all employees other than Grade IV employees of a Secondary School coming within the purview of the Act, shall retire on superannuation of 58 years. Grade V employees on attaining the age of 60 years, shall get superannuated. But such of those teachers who intend to continue on service beyond 58 years, are required to exercise their option either to the Pension Scheme or to the payment of C.P.F. Scheme. Such of the teachers who opt to retire on attaining the age of 58 years, shall be entitled to the payment of pension and those who opt to continue till the completion of 60 years, are entitled to the C.P.F. The discrimination is discriminable (Sic) based on policy. No fault can be found in this behalf. Teachers of the Provincialised Secondary Schools who had not exercised their option for either of the scheme, were deemed to have not exercised their opinion for the latter scheme and are required to retire on attaining the age of 58 years.;