Judgment : The writ petition has been filed for issuance of a writ of mandamus, for bearing the respondents from retiring the petitioner before the end of the academic year 2011-2012. 2. The writ petitioner M. Rajasukumar is a physics teacher working in the 5th respondent, school, namely, HVF English Medium Educational Society, Vijayanta Senior Secondary School at Avadi in Chennai-54. After completing his graduation in physics from the Sri Ramakrishna Mission Vidyalaya Arts College at Coimbatore, he has also acquired bachelor of Education at Government Training College at Kumarapalayam. With this qualification, he joined the service in the Vijayanta Matriculation School, 5th respondent herein, as a Primary Teacher in 1979. It is further stated that the Heavy Vehicles Factory is under the direct management of the Ordnance Factory Board at Calcutta. The Ordnance Factory Board manages several factories in Tamil Nadu, a cordite factory at Aravankadu, The Nilgiris and an ordnance Factory at Tiruchirappalli etc. The HVF was running schools for its employees working therein and the 5th respondent herein is one such institution. For several years, it was being run by the HVF and for achieving a better management and efficient administration, the 4th respondent Society was created on 3. 1982. The 5th respondent institution in which the petitioner is working is affiliated to the 1st respondent, namely, the Central Board of Secondary Education, represented by its Secretary, having its main office in Delhi. As per the bye-laws framed by the 2nd respondent society, namely, the Director General of Ordinance Factory Board Calcutta, the members and office bearers of the society will have to follow the rules and regulations framed by the 1st respondent. It is also stated that the 1st respondent has got control over more than 897 Kendriya Vidyalayas, 1761 Government Schools, 5827 Independent Schools, 480 Jawahar Navodaya Vidyalayes and 14 Central Tibetean Schools which are also governed by its bye-laws. Though the headquarters of the 1st respondent is in New Delhi, for the sake of better management and effective administration, the day-to-day administration of the 5th respondent school is given to the Regional Office which is situated at Chennai. 3. The grievance of the petitioner herein is that he has put in 30 years of experience in teaching in the respondent school without any blemished service records. While so, by calculating the petitioner’s date of superannuation as on 37. 3. The grievance of the petitioner herein is that he has put in 30 years of experience in teaching in the respondent school without any blemished service records. While so, by calculating the petitioner’s date of superannuation as on 37. 2009, the respondents have indicated the petitioner for getting retirement on 37. 2009 which falls in the middle of the academic year. The respondent institution is affiliated to the Central Board of Secondary Education. The Central Board of Secondary Education School is governed as per the bye-laws farmed by it. Chapter VII relates to service rules for employees in an institution. Rule 24 enables each school affiliated with the Board to frame Service rules for its employees as per Education Act of the State/Union Territory. If the institution has not framed any rules, then service rules framed by the 1st respondent will govern the institution. Therefore, since the respondent school has not framed any service rules, the rules framed by the Central Board of Secondary Education will be made applicable to the institution wherein the petitioner is employed. The relevant Rule 30 deals with retirement of each employee including the head of the institution which is extracted here under: 30. Retirement 1. “Not withstanding anything contained in these rules or otherwise every employee including Head of institution shall retire from service on attaining the age of 60. However, if the age of superannuation falls during the academic session, the concerned employee will retire at the end of the academic session. Provided further that, if such employee is a recipient of National/State/CBSC Teachers’ Award, he may be considered for a further extension of service for two years after attaining the age of superannuation provided he is medically fit and is prepared to serve the school. The school managing committee after considering such case of extension of service, shall forward the details of the Board.” In view of the above said Rule 30, when the petitioner is entitled to continue as a teacher till the end of the academic year 2011-2012, all of a sudden, the respondents indicated to the petitioner to retire on reaching superannuation on 37. 2009. Immediately, the petitioner was constrained to give a representation dated 6. 2009 to the respondents 4 and 5 by forwarding another copy through proper channel and the same was also acknowledged by the concerned authorities. 2009. Immediately, the petitioner was constrained to give a representation dated 6. 2009 to the respondents 4 and 5 by forwarding another copy through proper channel and the same was also acknowledged by the concerned authorities. In the said representation, the petitioner requested them to permit him to continue in the post till the end of the academic year, but the same remained unanswered. But, the respondents indicated in his salary for May, 2009 and June, 2009 that the petitioner must retire on 37. 2009 which is totally contrary to the bye-law. Because as per the bye-law, the date of superannuation of the petitioner should be 35. 2012 and not 37. 2009. Further, as the representation of the petitioner is pending undisposed of till now, the petitioner was constrained to file this Writ Petition seeking to forbear the respondents from retiring the petitioner before the end of the academic year 2011-2012. Further, it is stated that the petitioner is medically fit and in a position to teach for a decade more. 4. In reply, the learned counsel for the respondents 1 to 3 stated that the 3rd respondent is a Government of India, Ministry of Defence Production Unit Manufacturing Heavy Vehicles (Bettle Tank) for the Defence Forces of our Nation. As a welfare measure, schools are run in the Estate areas for the kids of employees. Vijayata Senior Secondary School, the 5th respondent herein is a self-financing private school run by HVF English Medium Educational Society, registered as per the Tamilnadu Societies Registration Rules, 1978, consisting of Chairman, Secretary to look after their day-to-day administration of the schools except the funds which are raising from the State Government. The school is a self-financing private school affiliated to CBSE for the purpose of syllabus only and the school is also having its own bye-laws amended from time-to-time. The day-to-day administration is carried out as per the Bye-laws of HVF English Medium Educational Society and the salaries to the teachers are also paid as per the Tamilnadu State Government Scales of pay. Since the petitioner has already reached the age of superannuation and retired from service on 37. 2009 on attaining the age of 58 years, he is not entitled to continue till reaching the age of 60. Since the petitioner has already reached the age of superannuation and retired from service on 37. 2009 on attaining the age of 58 years, he is not entitled to continue till reaching the age of 60. He argued further that 20 teachers worked in the 5th respondent school have already retired from service on attaining the age 58 years from 31. 1999 to 30.6.2009. Therefore, the petitioner alone cannot be differentiated for the purpose of retirement at the age of 60. Further, the financial capacity of the 5th respondent also could not permit the petitioner to continue till 2011-2012. Once the petitioner is allowed to continue a contended by the petitioner, then all the teachers working in this school will have to be treated alike and in such an (sic) event, the school having dire financial problem would be but to grave prejudice. Therefore, the prayer sought by the petitioner to work till the age of 60 years is against the bye-laws of the school and the same cannot be entertained. .5. In his further reply, it in stated that, the teachers of the Vijayanta Senior Secondary School are getting salaries as per the Tamilnadu Government Pay Scales. Therefore, they will be bound by the retirement age followed in the case of State Government employees. When they are already getting the benefits on the basis of following the provisions of the Tamil Nadu Private Schools Regulation Act, they cannot get facilities from both sides, namely, Tamilnadu Private School Regulation Act as well as from the CBSE Rules. Further, it was also repeated that raising the retirement age for teachers will have financial implications. In this connection, the Director General, Ordnance Factory Board, Calcutta, the 2nd respondent herein, has already written a letter to the 3rd respondent, the General Manager, Heavy Vehicles Factory, Ministry of Defence, Avadi Chennai-600 054 seeking an extension in retirement age of the teachers working in the fifth respondent’s school from 58 to 60 years. In this connection, the Director General, Ordnance Factory Board, Calcutta, the 2nd respondent herein, has already written a letter to the 3rd respondent, the General Manager, Heavy Vehicles Factory, Ministry of Defence, Avadi Chennai-600 054 seeking an extension in retirement age of the teachers working in the fifth respondent’s school from 58 to 60 years. While considering the representation for extending the retirement age from 58 to 60 years, it informed that the teachers working in the State of Tamil Nadu have already got the benefit like salaries as per the provisions of the Tamil Nadu Recognised Private Schools Regulation Act and therefore, the petitioner cannot get benefits from both sides and on that basis, it was stated that it may not be possible for the respondents to raise the retirement age of teachers till the age of 60 years. 6. Heard the counsel on both sides. .7. The 5th respondent school in which the petitioner is presently working is a self-financing private school affiliated to the Central Board so Secondary Education for the purpose of syllabus only. The 3rd respondent is a Government of India, Ministry of Finance, Production Unit manufacturing Heavy Vehicles (Battle Tank) for the Defence Forces of our Nation. In an effort to accommodate the children of the employees working in the Battle Tank Factory, the schools are run in the estate areas exclusively meant for the kids of the employees alone. The Vijayanta Senior Secondary School, the 5th respondent herein is a self-financing Private School run by HVF English Medium Educational Society which is also registered as per the Tamil Nadu Societies Registration Rules. No funds are received from the State Government. The school is having its own bye-laws amended from time-to-time and the 5th respondent school is run by the members of the society as per the syllabus of the Central Board of Secondary Education in English Medium. The CBSE has got its own bye-laws. As per bye-law No.3, the Board may affiliate several categories of schools all over India and abroad and it can even affiliate a school run by autonomous organisation, any private or unaided schools established by Societies registered under the Societies Registration Act, 1860. The CBSE has got its own bye-laws. As per bye-law No.3, the Board may affiliate several categories of schools all over India and abroad and it can even affiliate a school run by autonomous organisation, any private or unaided schools established by Societies registered under the Societies Registration Act, 1860. Bye-law 19(x) states that it shall have powers to lay dawn conditions of service as per norms of CBSE/Government, and to approve promotion/appointment/termination of the employees as well as to grant special increments or rewards to the staff. Bye-law 30 deals specifically with retirement of teachers which was extracted already for easy reference. As per bye-law 30, it says that, not withstanding anything contained in these rules or otherwise every employee including the Head of institution shall retire from service on attaining the age of 60. However, as the age of superannuation falls during the academic session, the concerned employee will retire on the end of the academic session. In view of the not withstanding clause, the arguments advanced by the learned counsel for the respondents 1 to 3 that the 5th respondent has got its own bye-laws by which the age of superannuation of the employees to retire on attaining the age of 58 would not sound fine tune with the import of bye law 30 of the CBSE because the not withstanding clause mentioned in bye-law No.30 specifically worded that every employee including the head of the institution ‘shall’ retire from service on attaining the age of 60 will have to be accepted as a correct answer for the question raised by the learned counsel for the petitioner. However, the further argument of the learned counsel for the respondents 1 to 3 that it would be financially not viable to retire the teachers on attaining the age of 60 cannot be legally accepted. Since the bye-law of the CBSE mandatorily imports a clear retirement age for all its employees attaining the age of 60 and further that, the concerned employee will retire at the end of the academic session, the 5th respondent school is to follow bye-law 30 in the matter of retirement of every employee including the petitioner herein. 8. In view of the foregoing reasons, the writ petition is allowed. The respondents are directed to permit the petitioner to retire on attaining the age of superannuation at the age of 60 on 37. 2011. 8. In view of the foregoing reasons, the writ petition is allowed. The respondents are directed to permit the petitioner to retire on attaining the age of superannuation at the age of 60 on 37. 2011. Consequently, connected Miscellaneous Petitions are closed. There is no order as to costs. Petition allowed.