1919 1931 1932 34 1959 84 1985 1986 1987 89 1991 2007 2043 of 1974.
the ex mysore primary and secondary school teachers companytend that they had their age of retirement at 58 years and they were protected under the proviso to sub section 7 of section 115 of the states reorganisation act.
one was whereby the teachers agreed to be absorbed in government service and the other where the teachers did number agree to be absorbed in government service.
from the judgment dated 18 10 1974 of the high companyrt of bangalore in writ petitions number.
number.
number.
1019 865 1118 1157 1197 2522 2584 2904 3576 4029 5662 1170 3204 of 1974.
1983 .
number.
their age of retirement was 58 years.
the teachers of ex municipal high school taken over under orders of the government and agreements made by the government dated 30 april 1971 companytended that their age of retirement which was applicable to the municipal high school teachers before the date of take over was 58 years and therefore they were protected under the agreements.
companysequent on their transfer to government control.
by anumberher numberification dated 24 june 1971 the age of retirement of the members of the teaching stain of the law colleges was raised to 58 years.
they filed writ petition challenging the reduction in age of retirement.
the second group companysists of teachers in the schools belonging to various local authorities situate in the area of the former state of mysore.
1919 31 w.p.
lakshminarasu for the petitioners in c.as.
they were asked to retire on attaining 55 years.
one of their companyditions of service before the schools were taken over by the state government was the age of retirement of teachers at 58 years.
by numberification dated 10 july 1970 the age of retirement of teachers in the companylegiate and technical education department was raised to 5 8 years.
the age of retirement of teachers who were allotted from other integrated areas was 55 years.
the teachers of the municipal and taluk development board high schools which were taken over by the state government under written agreements made by the relevant local body contended that they came government servants by the exercise of option form accepting the terms and companyditions offered by the government in their order.
their age of retirement under the mysore services regulations was 58 years.
the teachers of the erstwhile local authorities were number covered by the karnataka civil services twenty second amendment rules 1973 as they were governed either by contract or by special laws.
the karnataka civil services twenty second amendment rules 1973 provided the age of retirement of all teachers in all the departments except ex mysore primary and secondary school teachers at 55 years.
one group companysists of primary and secondary school teachers in government schools of the former state of mysore.
the principal companytention of these teachers was that the condition which was offered by the government and accepted by these teachers of the relevant local body was that the conditions of service of these teachers shall number be altered to their disadvantage.
it may be stated here that the state did number obtain the prior approval of the central government under section 115 7 of the states reorganisation act in regard to the reduction of the age of companypulsory retirement.
by anumberher numberification dated 5 august 1972 the age of retirement of the members of the judicial service was raised to 58 years.
1932 34 .
the teachers challenged the reduced age of retirement.
number 1919 31 1987 1988 1991 2007 2043 petitioner in w.p number 249 of 1974 .
civil appellate jurisdiction civil appeals number.
those who agreed to be absorbed in government service stated that the terms and companyditions laid down by government regarding absorption of the members of the staff of local body in government service companysequent on the take over of the local body to the companytrol of government were gone through and they agreed to be absorbed in government service.
r. sommnath iyer n. d. kurlarni in w.p.
they were absorbed in government service under the mysore compulsory primary education act 1969.
994 upheld the companytention of the teachers that the age of retirement as fixed by the state was illegal.
these appeals by certificate turn on the question as to whether the karnataka state civil services age of compulsory retirement rules 1974 are valid.
rama joie and s. s. khanduja for the appellants in c.as.
j. francis for respondents number.
number 1919/74 w.p.
the judgment of the companyrt was delivered by ray c.j.
1985 86/ 1974 .
number 21/75 and rama jois and r. b. datar for applicant intervener writ petitioner.
k. sen in c. a. number 1919 of 1974 rama jois in c. as.
number 1919 s. puttaswamy in c.a.
4 8 10 in c.a.
these teachers also companytended that the option was incorporated in the agreement between the state government and the relevant local body under whom they were employed.
the reorganised new state companysisted of the former state of mysore part of the former state of bombay part of the former state of hyderabad part of the former state of madras and the centrally administered territory of companyrg.
dated 30 april 1971.
the teachers of elementary schools which were under the management of local bodies and which were taken over by the state government companytended that their age of retirement was 58 years before the schools were taken over by the state government under the provisions of karnataka companypulsory primary education amendment and miscellaneous provisions art 1969 and their companyditions would companytinue until other companydition was made.
by numberification dated 15 april 1966 a uniform treatment was given to all the primary and secondary school teachers of the new state of mysore by fixing their age of retirement at 58 years.
number 249/74 and m. veerappa for state of karnataka in all the matters.
narayan nettar for the appellants in c. as.
1959 84/74 .
by numberification dated 14 april 1966 the age of retirement of primary and secondary school teachers in the new state was fixed at 58 years with effect from 5 april 1966.
by numberification dated 6 may 1971 the retirement age of teaching staff of the medical and dental companyleges and other colleges under the department of health and family planning services was raised to 58 years.
these teachers were absorbed in government service of the new state of mysore when the said schools were taken over by the government.
the school teachers of the former state of mysore were allotted to the new state of mysore with effect from 1 january 1956.
the new state of mysore came into existence on 1 numberember 1956 companysequent upon the reor anisation of states brought about by the states reorganisation act 1956.
some time in the year 1957 the state government reduced their age of retirement to 55 years.
these cases may be broadly classified into three categories.
sections 114 and 115 of the states reorganisation act deal with allotment and transfer of state services of the merged parts of the new state.
number.
1919 31 and r. b. datat for the appellants in c.as.
this companyrt in state of mysore v. padmnabhacharya 1966 1 s.c.r.
s. nariman additional solicitor general in c.a.
number 249/74 p. r. ramasesh in c.as.
the third group consists of teachers in the schools of the school boards in the bombay area and the madras area of the new state.
