A.K.MATHUR, J. - (1.) ALL the three writ petitions involve common questions of law and facts, therefore, they are disposed of by this common order.
(2.) FOR the convenient disposal of these writ petitions the facts given in the case of Jagdish Prasad v. Slate of Rajasthan and Ors. S.B. Civil Writ Petition No. 2141 of 1991 are taken into consideration: The petitioner by this writ petition has prayed that the order dated 30.6.1990 may be declared illegal and be quashed and the petitioner be allowed to continue in service till he attains the age of 60 years or till 30th June following thereafter. In the alternative, it is prayed that in case for allowing the petitioner to continue upto 60 years of age and the provisions contained in Rule 3 (16) of the Grant -in -Aid Rules which fixes the age of superannuation as 58 years of the Teachers working in Government aided school or colleges., comes in the way of the petitioner then to this extent the same may be declared illegal and be struck down.
(3.) THE petitioner entered the service of the respondent Maharishi Dayanand College, Sri Ganganagar (for short 'the College' hereinafter) way back in the year 1969. While the petitioner was in service an agreement was entered into between the petitioner and the respondent College. A copy of the agreement has been placed on the record as Annex. 1. It is alleged that as per para 10 of the agreement it was agreed between the petitioner and the 2nd and 3rd respondents that the age of superannuation of the petitioner will be 60 years and his actual retirement shall be on 30th day of June following attaining age of 60 years. It is alleged that the U.G.C. Pay Scales were made applicable from the year 1973 and the petitioner made an application on 5.6.1990 whereby he requested the Management of the respondent College to fix his pay in the U.G.C. Pay Scales and to pay him arrears in pursuance of the aforesaid fixation. Since the respondent College was not responding to his request, therefore, he made an application to the respondent No. 4 the Director, College Education requesting that the respondent College may be directed to fix the pay of the petitioner in the U.G.C. Pay Scales and to pay the same to the petitioner. It is alleged that on account of this the Management has not taken it kindly and has informed the petitioner that he will be retired from service on attaining the age of 58 years in terms of Rule 3 (16) of the Grant -in -Aid Rules, 1963 i.e. 30.6.1990. The retirement was effected on 30.6.1990. The petitioner preferred an appeal against the order dated 30.6.1990 before the respondent No. 4 the Director, College Education. The Director, College Education informed the petitioner that the appeal is only maintainable against the punishment imposed on the employee and not against such retirement. Then, the petitioner also made a representation by way of appeal and he was informed that no such appeal lies against such retirement.;