By an executive order the rights and privileges of the petitioners cannot be taken away by bringing a situation which would result in apparent discrimination apart being highly unreasonable and arbitrary. It is submitted that under the impugned Memo those who are in service on 31st March, 1981 should exercise option either to retain their existing scale of pay and existing terms and conditions of service or to come under the revised scale of pay together with the revised terms and conditions of service as may be determined by the State Government and that under the revised terms and conditions of service one has to retire after attaining the age of 60 years. Here Their Lordships of the Supreme Court while quoting Julius v. I have given my considerate thought to the facts of the case and the arguments advanced by the respective Counsels of the parties. Mere harping on the point that the right of extension after superannuation is given by a statutory rule which is sought to be amended by an administrative order does not by itself improve the case of the petitioners when there is no basis thereof.
Thereafter the Chattopadhyay Commission 1983-85 again went into the question and recommended that the age of retirement of school teachers whether in private or in Government service should be 60 years. He pointed out that Rule 28 is not meant for Government employees but for non-Government employees. The story of this young man from Murshidabad in West Bengal is a remarkable tale of the desire to learn amid the direst poverty. It is further stated that law as an institution ushers in socioeconomic justice and the rules of natural justice or their origin to ethical and moral code. They are words merely making that legal and possible which there would otherwise be no right or authority to do.
The teachers were given the provision of option so that before obtaining for the new scale they should get an opportunity to consider the pross and cons of such revised scale and the revised terms and conditions of service. In the light of the discussion herein-before made it must be said that there is no question of bargaining by the State Government and the option is to be taken as voluntary option and not by way of coercion or compulsion. Under Rule 28 1 iii of the said Rules the Committee subject to the approval of the Director has the power to extend the service of teachers and other employees beyond the date of superannuation and approval for such extension must be sought for from the Director or any Officer authorised by him within a certain period. The petitioners have failed to satisfy that their legal right has in any way been infinged. Mukherjee submitted that the grounds of challenge, inter alia, are the existing provision for extension on yearly basis upto the age of 65 years beyond the age of superannuation at 60 years and the power of the Managing Committee to grant extension under Rule 28 1 iii of the Rules for Management of Recognized Non-Government Institutions Aided and Unaided , 1969 are affected by the impugned Memo and this is an attempt on the part of the State Government to supersede the statutory provision by administrative direction.
The whole emphasis has been made on the point that the Rules are statutory rules framed by virtue of Section 45 of the Act of 1963 and Rule 28 confers power upon the Committee to extend the service of teachers and other employees beyond the date of superannuation with the approval of the Director. The last decision in the context is that of State Delhi Admn. . Beside the current subject that you are seeking, we also provide a huge amount of many other pdf which covers many different area of interest and niche. It is also stated that in case of college teachers the retirement age was 58 years and 60 years and the same has been increased up to 65 years. B dated 31st March, 1986 and even by the Circular No.
Rule 28 has nothing to do with rule-making power as contained in of the Constitution if read with Section 45 2 d of the West Bengal Board of Secondary Education Act. They are plain and unambiguous. But there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed, to exercise that power when called upon to do so. The Supreme Court made it clear that it is the context which can attach the obligation to the power compelling its exercise in a certain way and the context, both legal and factual, may impart to the power that obligatoriness. Apart from the above, further cases cited by the petitioners are a and Ors. But at the same time Mr Chatterjee submitted that already a Notification has been made of a draft amendment of the said amended Rule 4A but the said, draft has not as yet been adopted or accepted and in the result the statutory provision of Rule 4A subsists. It is specifically contended in the writ petition that the impugned Memo changing the age of retirement could not supersede the statutory rule framed under the provision of a Statute as it has been sought to be done and the exercising of option in terms of the impugned Memo obtaining for the new revised pay scale and the revised terms and conditions would tentamount to violation of Articles 14 and 16 of the Constitution of India.
He referred to paragraph 4 of the terms of reference to the Second Pay Commission wherein it is stated that the Commission would also examine the structure of emoluments and the condition of service of the teachers and non-teaching staff in State Government, sponsored or aided schools and other institutions. Where is the age of superannuation and where is the five-year period of extension of service, under which Act or Rules, upon which the petitioners are harping so much. Mukherjee submitted that a scrutiny of the allegations of the petitioners would reveal that the points relating to supersession of statutory provision by administrative instructions cannot justiciably be taken in the facts and circumstances of the case. West Bengal School Headmaster Manual can be very useful guide, and west bengal school headmaster manual play an important role in your products. The respondents contested the writ petition by filing Affidavit-inOpposition.
Committee which means the Managing Committee of the Institutions. Dealing with the classification as explained in paragraph 5 of the Affidavit-in-Opposition, Mr. It was pointed out in the said Notification that the decision would be reviewed by the Government after disposal of the relevant case now sub-judice. The said Affidavit-in-Opposition further states that the writ petition was not filed in a representative capacity and no prayer has been made under Order 1 Rule 8 of the Code of Civil Procedure or Rule 11 of the Rules framed by the High Court and as such the petitioners Nos. To further strengthen the argument the petitioners cited the decision in the supra wherein by the amended Rule 294 a of Mysore Service Regulations, the normal age of retirement was fixed at 55 years with discretion to Government to extend the service of efficient Government servants beyond the age of 55 years and by Notification issued by the Education Department the retirement age was generally indicated as 58 years. In fact, the learned Counsel wanted to bring home the point that no allegation of discrimination could be established by the petitioners and they miserably failed to point out the vice of discrimination. Saktinath Mukherjee, the learned Counsel appearing for the State of West Bengal, in a well-reasoned argument submitted that the only grievance of the petitioner is the alleged reduction in the so-called age of retirement and arbftrary introduction of limitation of age, and the exercise of option in favour of the new scale is alleged to be under influence of the initial increase in pay scale without taking into consideration the total effect thejfepf and even under duress.
It is further contended that under Rule 4A extension of service beyond 60 years will count towards increment, terminal benefits, etc. One more case is cited by Mr. It is specified in the said Rule that the Managing Committee shall subject to the approval of the Director have the power to extend the service of teachers and other employees beyond the date of superannuation and if the Director does not approve the extension of service he shall communicate the reasons to the Committee. On the other hand, if the Managing Committee does not recommend extension of service of a teacher it shall record reasons and the persons aggrieved may make his representation to the Director; whose decision would be final. The bunch of circulars are printed on pages 893 to 898 of the Headmasters' Manual, 7th Edition, January 1989.
A scrutiny of Section 45 of the W. However, if you do find a link that is broken, do not fret. The petitioners at once moved this Hon'ble Court on 25th April, 1984 and got an interim order of injunction. It is further contended that the principle of promissory estoppel have no manner of application in the instant case. Mukherjee during the course of his argument cited the following decisions in support of his contention :- 1. Bishop of Oxford was followed in letter and spirit by the Supreme Court. The decision in the case of.