M. Katju, J. - (1.) The petitioner was appointed Assistant Teacher in Cantonment Primary School, Sadar Bazar, Cantonment Road, Jhansi on 20.7.1954, and he was promoted as Head Master on 1.7.1963. By means of this writ petition the petitioner is challenging the action of the respondent in retiring him at the age of 58 years, and he has prayed for a writ of mandamus directing that he should be continued in service till he attains the age of 60 years; and even thereafter till the session ends.
(2.) A counter-affidavit has been filed in this case, and I have heard the counsel for the parties, and I am proceeding to dispose of this writ petition finally.
(3.) Rule 22(1) of the Cantonment Board Service Rules, 1937 framed under the Cantonment Act, 1924 states "No servant shall be retained in service for a period after he attains the age of 58 years except with the sanction of the Officer Commanding-in- Chief... "A perusal of this rule shows that the age of superannuation of an employee of the Cantonment is 58 years, but extension of service can be granted by the appropriate authority in certain circumstances. The petitioner has relied on a letter of the Government of India, Ministry of Defence dated 21.8.1972 directing the General Officer Commanding-in-Chief of the command to deal with the request for extension of service beyond 58 years in accordance with the relevant rules. A true copy of the letter dated 21.8.1972 is Annexure-1 to the writ petition. This letter states that the Government has no objection if the General Officer Commanding-in-Chief grants extension under Rule 22 to the teachers of the Cantonment Board Schools provided no teacher is permitted in service beyond the age of 60 years. A perusal of this letter shows that it does not direct that the teachers in the said school should invariably be continued in service till the age of 60 years. Rather it is the discretion of the General Officer Commanding-in-Chief of the Command to grant extension or not.;