ASHOK PARIHAR, J. - (1.) SINCE , on similar set of facts, common order passed by the learned Single Judge is under challenge in the above appeals, the same have been heard together and are being decided by this common judgment.
(2.) THE orders of compulsory retirement dated 27.6.1994 came to be challenged by the concerned employees before the Rajasthan Non -Government Educational Institutions Tribunal, Jaipur. After considering entire facts and circumstances, the Tribunal, dismissed the appeals filed by the concerned employees by a common order dated 30.5.1995 holding that since it was subjective assessment of the management there was no illegality in the orders of compulsory retirement. The learned Single Judge, however, while allowing the writ petitions challenging the orders of compulsory retirement as also the order of the Tribunal, quashed the order of compulsory retirement and set aside the order of the Tribunal. Directions were issued to the appellants to reinstate the concerned employees with all consequential benefits. The learned Single Judge, though, held that a bonafide action taken in the public interest by the appropriate authority for compulsory retirement, the interference of the court is not called for, however, observed that in absence of any particular rule in regard to compulsory retirement the action of the management cannot be sustained in the eyes of law. After having considered submissions of learned Counsel for the parties, we have carefully gone through the material on record.
(3.) THE service condition of the employees of Rajasthan Non -Government Educations Institutions are governed by the Rajasthan Non -Government Educational Institutions Act, 1989 (for short 'the Act') and the Rules made thereunder namely; Rajasthan Non -Government Educational Institutions (Recognition, Grantin -aid and Service Conditions etc) Rules, 1993 (for short 'the Rules'). Section 16 of the Act makes a reference to compulsory retirement and the same is reproduced hereinafter: 16. Power of the State Government to regulate the terms and conditions of employment (1) The State Government may regulate the recruitment and conditions of service, including conditions relating to qualifications, pay, gratuity, insurance, age of retirement, entitlement of leave, conduct and discipline, of persons appointed as employee of aided institutions in the State: Provided that the rights and benefits accruing to an employee of an existing institution under the grant -in -aid rules in fore at the commencement of this Act shall not be varied to the disadvantage of such employee: Provided further that every such employee shall be entitled to opt for such terms and conditions of service as were applicable to him immediately before the commencement of this Act: Provided also that, irrespective of the age of retirement prescribed, action may be taken for compulsory retirement of such an employee after completion of 25 years of service or on attainment of the age of 50 years whichever is earlier, in accordance with the procedure as may be prescribed. (2) Every recognised institution shall constitute a provident fund for the benefit of its employees in such a manner and subject to such conditions as may be prescribed and contribute to such fund and any interest on the deposited amount at such rate as may be prescribed from time to time. ;