S.B.Sinha, J. - (1.) The petitioners who are five in numbers, three of whom are working in different Schools situate in the District of North 24-Parganas, have filed the writ application praying for the following reliefs :- "(A) Leave be granted to the petitioners under Order 1 Rule 8 of the Code of Civil Procedure to move this present writ application and to prosecute the same, on behalf of or for the benefit of all persons having the same interest as that of the petitioners and further direction be given at the expense of the petitioners to give notice of institution of the present writ application to all persons having the same interest as that of the petitioners by public advertisement in any newspapers or papers circulating in the State of West Bengal. (B) A writ of and/or in the nature of mandamus commanding the respondents, their men and agents and/or servants and/or subordinates and/or assigns to rescind and/or to withdraw and/or to cancel the G.O No. 367-End(P) dated 27.4.1992 and G.O No. 196-Edn(B) dated 27.4.1992 and all other orders, circulars and notifications and/or directions to which the extension of service of the Primary Teachers have been withdrawn and further commanding the respondents authorities not to give any effect to the order dated 16.5.1996 issued by the respondent No.1 and further commanding the respondents authorities to withdraw the salary of Primary Teachers/petitioners who are working in extension beyond the age of 60 years and who opted for revised pay scale as per notification No.33-Edn (B) dated 7.3.1990 and further commanding the respondents not to interfere with the discharge to salaries of Primary Teachers/petitioners who are working in extension beyond the age of 60 years till the attaining the age of 65 years not to take coercion measure against such teacher. (C) A writ of and/or in the nature of mandamus commanding the respondents authorities to rescind and/or to cancel clause 17 of relating to acceptance of revised pay in terms of G.O.33-Edn(B) dated 7.3.1990 so far as the Primary Teachers are concerned and not to give any effect and/or further effect to the said clause 17 relating to acceptance of revised pay in terms of G.O.33-Edn (B) dated 7.3.1990 by the Primary Teachers. (D) A writ of and/or in the nature of certiorari directing the respondent authority to transmit all the records relating to the present case before this Hon'ble Court so that conscionable justice may be administered by quashing the Notification No. 196-Edn (B) dated 27.4.1992 and No. 367-Edn (P) dated 27.4.1992 and clause 17 of 33-Edn (B) dated 7.3.1990 and order dated 16.5.1996 till the disposal of the writ application."
(2.) Before adverting to the questions involved in this writ application it is necessary to consider the background of the case. The State of West Bengal enacted West Bengal (Rural) Primary Education Act, 1930 (hereinafter referred to as 1930 Act), which came into force with effect from 22nd January 1931 with a view to provide for an extension of Primary Education in rural areas in Bengal. The said Act had no application in relation to the town of Calcutta and any area where a Municipality under the provision of Bengal Municipality Act, 1932 would be constituted. In respect of the areas which were not covered by 1930 Act, the State enacted West Bengal Urban Primary Education Act. The scheme laid down under the 1930 Act was required to be implemented by the District School Board, a body corporate constituted thereunder. Under the scheme, elementary education had been divided into two categories, viz. education imparted through the Schools managed by the private bodies and the schools established and/or managed under private management. The Primar Schools under 1930 Act are those Schools or departments of the school which had been giving instruction in Primary Education in such subject and upto such standard as may be prescribed, either managed by the Board or recognised as a Primary School in terms of section 54 thereof. In terms of the power conferred upon it under section 66 of the said Act the State Government framed rules for carrying out the purposes of the said Act. The Rules so framed, inter alia, provided for the conditions of appointment of teachers in Primary Schools maintained by the District School Board as also to provide for the conditions of appointment, fixation of payment of salaries referred to in Clause (g) of sub-section (2) of section 66 of the said Act. The said Rules came into force with effect from 25.7.1940 which was substituted, added and amended or new rule was inserted therein from time to time (hereinafter referred to as the said rules).
(3.) The age of retirement of the teaching staff of the Schools under public management was 60 years. However, in terms of the notification dated 31.7.1965 Rule 4(A) was inserted for the purpose of grant of extension of service, which reads thus :- "A teacher appointed by the Board may be retained in service upto the age of 60 (sixty) years, but the Board may, if it thinks fit, grant re-employment to a teacher on a year-to-year basis upto the age of 65 (sixty-five) years, provided the teacher continues to be physically fit and mentally alert.";