West Bengal Headmaster Association v. State of West Bengal
1991-08-06
N.P.Singh, Tarun Chatterjee
body1991
DigiLaw.ai
JUDGMENT : - N.P. Singh, C. J: This writ application has been filed on behalf of the petitioners for quashing a part of the order dated 7.3.90 issued by the State Government offering another revised scale of pay to the teachers of the Government Aided Higher Secondary Schools with certain conditions including requiring them to retire on attaining the age of 60 years and to undertake that they shall not apply for extension of service after attaining the age of superannuation. That order was also challenged in Civil Order No. 6605 (W) of 1990 and this writ application was heard as analogous application along with the aforesaid writ application being Civil Order No. 6605 (W) of 1990. 2. It may be mentioned that the other writ application being Civil Order No. 6605 (W) of 1990 challenging part of the same order dated 7.3.90 has been disposed of today along with F.M.A.T. No. 1425 of 1990 by a reasoned judgment. It has been held therein that it was open to the State Government to offer further revised scale of pay only to such teachers who give their option in the form prescribed in Annexure VIIIB of the aforesaid order dated 7.3.90. It has also been held in that judgment that those who exercise their options in the form prescribed in Annexure VIIIB of the aforesaid order saying that for the grant of revised scale of pay they shall not apply for ''extension of their service after attaining the age of 60 years, shall be deemed to have waived their statutory right under Rule 28 of the Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969. A direction has also been given in that case to the State Government to give fresh opportunity to the teachers to exercise their option in accordance with paragraph 5(2) in the form prescribed in Annexure VIIIB of the aforesaid order dated 7.3.90 within a specified time to be fixed by the State Government. Thereafter the State Government has to take decision on the basis of option so exercised. It has been said in the judgment aforesaid that those teachers who exercise their option in the Form prescribed aforesaid, shall be deemed to have waived their statutory right for being considered for extension of their services after attaining the age of superannuation. 3.
Thereafter the State Government has to take decision on the basis of option so exercised. It has been said in the judgment aforesaid that those teachers who exercise their option in the Form prescribed aforesaid, shall be deemed to have waived their statutory right for being considered for extension of their services after attaining the age of superannuation. 3. Accordingly, this writ application is also disposed of in terms of Civil Order No. 6605 (W) of 1990 in which detailed reasons have been given and the petitioners of the present writ application shall also be governed by the judgment delivered in Civil Order No. 6605 (W) of 1990. 4. In the facts and circumstances of the case, each parties shall bear their own costs. Tarun Chatterjee, J.: I agree. Application disposed of in terms of C.O. No. 6605 (W) of 1990.