- (1.) This appeal arises out of a judgment and order dated 18-11-81 by B. C. Roy, J. Reported in (1981) 2 Cal H. N. 444). By the said judgment and order B. C. Roy J. was pleased to make a rule issued in favour of 5 teachers of non-government colleges that is to say Maharaja Manindra Chandra College and Jogesh Chandra Choudhury College absolute. By the said order B. C. Roy, J. directed the issue of a writ of Mandamus directing the respondents in the writ petition to act in accordance with the statute 104(1) of the Calcutta University First Statutes, 1966 , and to allow the petitioners in the writ petitions 1(a) to 5 to work as teachers in non-government colleges till the end of the academic year in which they attain the age of 65 years. B. C. Roy, J. was further pleased to direct the issue of a writ of mandamus commanding the respondents in the writ petition to pay to petitioner 2 his salaries in accordance with law up to the end of the academic year. A writ of certiorari was also issued quashing, cancelling and setting aside the circular dt. 20th May, 1981 issued under Office Memo No. 177/1 (250) C/Pen by respondent 6 in the writ petition, the Deputy Director of Public Instruction (Pay Packet Scheme), West Bengal.
(2.) The respondent Kiran Chandra Choudhury was the principal of Maharaja Manindra Chandra College, 20, Ramkanto Bose Street, Calcutta-3 and has completed 65 years of aga on 30-9-1981. The petitioner Rohini Nandan Acharya was the principal of Jogesh Chandra Choudhury College of No. 30, Prince Anwar Shah Road, Calcutta 33 and completed 65 years of age on 31-3-81 and retired from service with effect from 1-6-81. But his salary for April and May, 1981, has not been paid by the Director of Public Instruction (Pay Packet Scheme), West Bengal. The petitioner Madhusudan Bhattacharya was the professor in Maharaja Manindra Chandra College, Calcutta-3 and completed 65 years of age on 31-10-81. The petitioner Lakshman Chandra Ghose was the professor of Maharaja Manindra Chandra College, Calcutta-3 and completed 65 years of age on 31-1-82. The Deputy Director of Public Instruction (Pay Packet Scheme), West Bengal issued a notice on 28-5-81 by which it was notified that the teachers of the colleges should retire on completion of 65 years of age. The said notice was based on Statute 104(1) of the Calcutta University First Statutes, 1966 . The said notice on the basis of the said Statute was challenged and the aforesaid judgment and order was passed by B. C. Roy, J. holding that a professor or a principal whose term of service was extended up to his completion of the age of 65 years would be able to act as such professor or principal up to the end of the academic year in which he attains the age of 65 years.
(3.) The question involved in this appeal is the interpretation of Statute 104(1) and its proviso of the Calcutta University First Statutes, 1966. The said Statute is set out hereunder: "104. Age of retirement: (1) Every whole- time teacher in a college shall retire at the end of the academic year in which he attains the age of 62 : Provided that the Governing Body may, in exceptional cases, and on the recommendation of the Principal of the College, extend the term of service of such a teacher up to his completion of the age of 65, so, however, that such extension shall not be for more than two years at a time. (2) Every part-time teacher in a college shall ordinarily retire at the end of the academic year in which he attains the age of 65; Provided that the Governing Body may, in exceptional cases, on the recommendation of the Principal, extend the term of service of a part-time teacher beyond the age of 65, but not beyond the age of 68 so, however, that such extension shall not be for more than one year at a time.";