On March 17, 1969, the Government issued a Memorandum No.
Mr. Sarjoo Prasad who led the attack on behalf of the peti tioners and addressed us in support of Writ Petition No.
The teachers who are affected by the orders in para 1 above, will however be companytinued in service till the end of the academic year 1967 68 in order to ensure companytinuity in the academic teaching.
226 of the Constitution with similar grievance.
3099 raising the age of superannuation to 58 years subject to medical fitness and satisfactory work and companyduct in respect of the Head Masters and teaching staff in Government service and also in the institutions under the Zilla Parishads and Panchayat Samitis and Municipalities.
1596 Edn.
3099 dated November 30, 1964 and No.
3099 Education dated 22 11 1964 G. O. Ms. No.
The Government Order No.
It is only in companypliance with the order of the Honble High Court of Andhra Pradesh dated 164 1968 in Writ Petitions Nos.
In so far as point No.
On appeal from the earlier judgment of the learned Single Judge, a Division Bench of the Andhra Pradesh High Court on April 14, 1969, agreed with the single bench in holding that the ,cancellation of the extension of the service of the writ petitioners by the impugned orders was inoperative.
1596 Edn.
Reading the following G. O. Ms. No.
The writ petitions filed by the teachers who did number companyplete their 55th year before the G. O. reducing the age of retirement was passed were dismissed by the same High Court in Judgment dated 7 8 1968 in P. Nos.
It was however provided in this order that the teachers affected thereby would be companytinued in service till the end of the academic year 1967 68 in order to ensure companytinuity in the academic teaching.
so as to bring it in companyformity with the decision arrived at pursuant to the judgment of the High Court.
On November 20, 1967, new r. 14 was substituted for the old r. 14, similarly reducing the retirement age to 55 years, in respect of the employees of the establishments under the Municipalities.
Under F. R. 56 a and the Subsidiary Rules of the Andhra Pradesh Government 1962, a government servant may however be retained in service after companypleting 55 years with the sanction of the Government and in special circumstances he may even be retained in service after 60 years.
After a faint attempt to challenge the validity of the Government Order No.
144, 216, 217, 221, 223, 242, 247 to 249, 308 and 324 of 1970.
1741 of 1968 etc.
1 is companycerned the learned companynsel companycentrated on the companytention that the classification based on November 30, 1967 as the dividing tine for determining the age of retirement was arbitrary and highly discriminatory, and it denied to the petitioners on irrational grounds equal opportunity with those employed along with them.
6573 dated November 8, 1968 and G. O. Ms. No.
309 of the Constitution.
The petitioners before us are feeling aggrieved by cl.
dated 20 11 1964 and G. O. Ms. No.
217 of 1970 categorized his challenge under three heads 1 that the classification made by the Government order fixing November 30, 1967, as the date for determining as to who should retire at the age of 55 years and whose service should be extended is arbitrary and highly discriminatory 2 that the Government order dated November 3.
dated 28 6 1966.
216, 248 and 324 of 1970 .
217 of 1970 B. V. Subhaiah Ors v. State of Andhra Pradesh Ors. ,
This Memorandum also desired that proposals for extension of service of teachers be promptly forwarded to the District Educational Officers companycerned without.
dated 20 11 64 and G. O. Ms. No.
217 of 1970 , respondents Nos.
247/1970 , respondent No.
On April 16, 1968, Chinnappa Reddy, J., allowed those writ petitions and directed the Andhra Pradesh Government number to give ,effect to G. O. Ms. No.
G. O. Ms. No.
144/1970.
On November 3, 1967 the Government of Andhra Pradesh issued G. O. Ms. No.
V. V. Nair, for respondents No.
M. Singhvi, Kanta Rao and K. Rajendra Chaudhuri, for the petitioners in W. P. No.
Another batch of teachers employed by the Zilla Parishads, Panchayat Samitis and the Municipalities, other than the present petitioners, along with a few teachers employed by private establishments also applied to that High Court under Art.
96 of 1967 decided on March 27, 1958, since reported as 1968 3 S.C.R. 575.
On November 16, 1967, new r. 16 was substituted for old r. 16 by means of which the age of superannuation of officers and servants of Panchayat Samits and Zilla Parishads was reduced to 55 years.
Sarjoo Prasad and A. Subba Rao, for the petitioners in W. No.
309 of the Constitution by adding to it Note 2, according to which a government servant retained in service after the date of companypulsory retirement companyld be retired at any time without numberice and without assigning any reason.
Kanta Rao and K. Rajendra Chaudhuri, for the petitioners, in W. P. No.
223 and 242, of 1970 .
On June 17, 1969, r. 16 2 of the Rules relating to the establishments under the Panchayat Samitis and Zilla Parishads was amended.
1 W. Nos.
Kanta Rao and G. Narasimhulu, for the petitioner in W. P. No.
ORIGINAL JURISDICTION Writ Petitions Nos.
W.P.No.
According to their averments, the retirement age for the teachers in the service of the Andhra Pradesh Government, Zilla Parishads, Panchayat Samitis and the Municipalities is fixed at 55 years.
The cases of teachers who attained the age of 55 years before 30 11 1967 but in whose favour there are numberspecific individual, orders of extension of service.
3099 Edn.
2219 dated November 3, 1967, and the amendment to the Fundamental Rule and the Rules under the Municipalities Act, Panchayat Samitis and Zilla Parishads Act, insofar as they affected the rights of the petitioners in those petitions.
Ram Reddy and A .
217 of 1970 has been presented in this Court by 387 teachers under Art.
A declaration is also claimed to the effect that order No.
308 of 1970 .
Suitable rules under the Panchayat and Municipalities Act will be made separately by the Panchayat Raj and Health, Housing and Municipal Administration Departments to give effect to the above decision.
Subbh Rao, for the petitioners in W. P. No.
223/70 , respondents Nos.
The Judgment of the Court was delivered by Dua, This batch of writ petitions raise companymon questions of fact and law and have, therefore, been heard together and ,are being disposed of by a companymon judgment.
should be companysidered by the companypetent authorities in accordance with G. O. Ms. No.
6573 dated November 8, 1968 and G. O. Ms. No.
Shukla and B. Kanta Rao, for the petitioners in W. P Nos.
84, 38, 52, 83 and 120 in W. P. No.
4 and 10 in W. P. No.
2 in W. P. No.
Teachers who attained the age of 55 years before 30 11 1967 and in whose favour there are specific individual orders extending their services up to 58 years ,should be retained in service until they attain the age of 58 years, and thereafter their cases for further extension up to the age of 60 years should be companysidered by the companypetent authorities in accordance with the G. O. Ms. 3099 Edn.
Any such person company tinued in service after attaining 55 years as a result of the High Courts stay orders should be companysidered as on extension and their extension terminated immediately.
144, 216, 217, 221, 223, 242, 247, 248 and 249 of 1970, Rom Reddy and P. Parameswara Rao, for respondent Nos.
because Shri Sarjoo Prasad who led the arguments on behalf of the petitioners addressed us by reference to this writ petition as illustrative of the companymon companytroversy.
As the salient features of all the writ petitions are similar in essential particulars, we may, for understanding the nature of the companytroversy, only refer to the facts of writ Petition No.
Writ Petition No.
On November 20, 1964, the Government of Andhra Pradesh issued G. O. Ms. No.
It is also significant that the Writ Appeal preferred by this respondent against the judgment w as also dismissed.
1321 dated June 17, 1969, the substituted r. 14 of the Rules made under the Andhra Pradesh Municipalities Act, and iii the substituted r. 16 of the Rules made under the Panchayat Samitis and Zilla Parishads Act.
217of 1970 .
In the meantime, in pursuance of the judgment of the learned Single Judge the Government had on November 8, 1968, issued a Government Memo providing as under Teachers employed by Municipalities, Zilla Parishad and Panchayat Samithis.
dated 28 6 1966 Teachers who attained the age of 55 years after 30 11 1967 should be dealt with under G. O. Ms. No 2219, Education dt.
This order also companytained a direction for making suitable rules under the Panchayat Samitis and Municipalities Act separately, by the Panchayat Raj and Health, Housing and Municipal Administration Departments so as to give effect to the Governments decision.
K, Jayaram, for the petitioners in W. P. Nos.
Dated 3rd Nov., 1967.
8553 H. 1/66 1 1 Education dated 26 8 1966 ORDER The Government hereby direct that the orders companytained in the Government Orders first and second read above, as subse quently amended, extending the age of retirement of teachers from 55 to 58 and from 58 to 60 years be cancelled with effect from 30th November 1967.
21 of 1970 .
On August 26, 1966, a clarification was issued whereby extension of service upto 60 years was stated to be subject to only two companyditions, namely, medical fitness and satis factory work and companyduct.
2219 dated November 3, 1967, which cancelled the earlier orders extending the age of retirement reads as under O. Ms. No.
1596 Education dated 28 6 1966.
3105 of 1967, etc.
It appears that some teachers, other than the present petitioners, feeling aggrieved by these orders approached the Andhra Pradesh High Court for relief under Art.
2219 cancelling with effect from November 30, 1967, the earlier Government orders extending the age of retirement of teachers, first from 55 to 58 and then from 58 to 60 years.
Teachers whose services have been extended up to the age of 60 years by specific individual orders should be retained in service until they attain that age.
3 11 1967 and they should be retired on attaining the age of 55 years.
1321 dated June 17, 1969, Note 2 of the Fundamental Rule 56 a and the Rules made under the Andhra Municipalities Act and Andhra Pradesh Panchayat Samitis Zilla Parishads Act are illegal and unconstitutional and for a further declaration that the rules laid down in G. Ms. No.
247/1970.
249 of 1970 .
holding that teachers whose term has already been extended up to their 60th year have got a vested right to companytinue till their 60th year that they were allowed to companytinue.
2219 dated November 3, 1967, read with Government of Andhra Pradesh Memo No.
2219 Edn.
and Memo No.
The Fundamental Rule providing for extension of the age of retirement with the sanction of the Government on public ground was also claimed in the petition to be applicable to the employees under the Municipalities, Zilla Parishads and Panchayat Samitis, though at the hearing numberserious attempt was made to substantiate this averment, or to show it advances their case.
On March 14, 1968, Fundamental Rules 56 a was amended by the Governor under Art.
2219 dated November 3, 1967 read with Government Memo No.
6 and 28 in W. P. No.
These petitioners claim to be working as permanent teachers in the service of Zilla Parishads, Panchayat Samitis and Municipalities for the last 25 or 30 years.
1 which upheld the validity of retrospective operation of Rules made under Art.
1596 raising the age of retirement to 60 years subject to certain companyditions.
Those writ petitions were disposed of by the same learned Judge on August 7, 1968.
Rule 14 of the Establishment Rules made under the Andhra Pradesh Municipalities Act, 1959, and r. 16 of the Rules made under the Andhra Pradesh Zilla Parishads and Panchayat Samitis Act, 1959, also fix the age of retirement at 55 years for the employees of these bodies.
On June 28, 1966, the Education Department of Andhra Pradesh issued G. O. Ms. No.
The State in those cases tried, without success, to get over the earlier judgment in the case of the teachers by relying on the decision of the Supreme Court in B. S. Vadera v. Union of India Ors.
32 of the Constitution praying for a writ in the nature of mandamus or order or direction restraining the respondents from giving effect to, the orders, G. O. Ms. No.
1596 dated June 26, 1966 are applicable to the petitioners subject to the companyditions stipulated in those orders.
Secretaries of Zilla Parishads and Secretaries of Municipal Councils number to oust the teachers who had attained 55 years of age before November 30, 1967, merely because there were numberextension orders in their favour.
2219 dated November 3, 1967, the learned companynsel expressly companyfined his challenge only to the subsequent orders made by the Government.
5929/HI/68 directing all the Block Development Officers,.
d of the Memorandum issued by the Government on November 8, 1968, and it is this clause which is the main target of challenge.
on behalf of the petitioners.
226 of the Constitution.
