Case: N. Lakshmana Rao &amp; Ors. Etc Vs. State Of Karnataka &amp; Ors. Etc

are governed by statute or statutory rules which may be unilaterally altered by the Government without the consent of the employee.22. The form of option is contract. This exercise of option is itself the contract. The option is to be absorbed or not to be absorbed. The contractual term is that the teacher will be absorbed as a Government servant. The term in the agreement between the Government and the Local Body that the conditions of service will not be varied to the disadvantage of the teachers has been read by all teachers who exercised the option to be absorbed. The conditions of service referred to therein are the conditions of service of the State of Mysore.23. In B. S. Vadera v. Union of India (1968) 3 SCR 575 = (AIR 1969 SC l18) this Court held that if an appropriate legislature has passed ) an Act under Article 309 the Rules framed under the proviso to Article 309 would have effect subject to that Act. In the absence of any Act of the appropriate legislature the Rules made by the President or such person as he may direct, are to have full effect.24. There is legislative power under Entry 41, List II to legislate for State public services. There is no fetter on the legislative power to legislate with regard to service or with regard to any other matter mentioned in the Legislative List. In Gurdev Singh Sidhu v. State of Punjab (1964) 7 SCR 587 = (AIR 1964 SC 1585 ) this Court stated that there were two exceptions to the protection afforded by Article 311. One is where a permanent public servant is asked to retire on the ground that he has reached the age of superannuation which is reasonably fixed. The other is where a public servant is compulsorily retired under the Rules which prescribe the normal age of superannuation and provide reasonably long period of qualified service after which compulsory retirement could be valid. It is only when a rule is framed prescribing a proper age of superannuation and another rule is framed giving power to the State to retire permanent public servant compulsorily at the end of 10 years of his service that this Court has apprehended such cases to be not within the protection of Article 31l.25. The question of retirement age was considered by this Court in Bishun Narain Misra v. State of Uttar Pradesh, (1965),1 SCR 693 = (AIR 1965 SC 1567 ). The State Government in that case raised the age of superannuation from 55 to 58 years and again reduced the age to 55 years. It was held that there is no provision which takes away power of the Government to increase or reduce the age of superannuation. When the rule only deals with the age of superannuation and the Government servant had to retire because of the reduction in the age of superannuation it cannot be said that the termination of the service amounts to removal within the meaning of Article 311.26. It, therefore, follows that teachers who exercised the form of option were subject to change in the conditions of service under Rules framed under Article 309. There is no constitutional limitation to reduce the age of retirement. A Government servant enjoys the status of a Government servant. He cannot be removed and his services cannot be terminated except in accordance with the provisions of the Constitution. Fixing an age of retirement does not amount to removal or termination.27. The teachers of primary schools contended that their terms of service were continued by Mysore Compulsory Primary Education Act, 1969, and, therefore, their age of retirement could not be altered by rules made by the Governor under Article 309. The 1969 Act provided in Section 14 transfer of primary schools managed by the municipal councils and panchayats in the Madras area and Bellary District before the appointed day. Teachers of those schools became employees of the State Government. The crucial words in S. 14 (b) of the 1969 Act on which the teachers relied are these: "All primary school teachers . . . . . shall, until other provision is made, receive the salary and allowances and be subject to the condition of service to which they were entitled immediately before the appointed day". The words "other provision is made" were construed by the teachers to mean an act of legislature.28. The provision contained in Section 14 (b) of the 1969 Act is a temporary and transitional provision which continues until other provision is made. The Legislature does not say until other provision is made because the Legislature is always free to legislate. The words "until other provision is made" mean provision which can be made by the legislature or by the Governor or the executive. The words "until other provision is made" do not exclusively limit to legislate. If the legislature has occupied the field the Governor has co-equal power. The power of the Governor is co-extensive with the legislative power, (See B. S. Vaderas case. (1968) 3 SCR 575 (supra) at page 583) = (AIR 1969 SC l18 at p. 123).29. Section 14 (b) of the 1969 Act is not a law regulating recruitment and conditions of service under Article 309. Assuming it is, Art. 309 does not preclude the legislature from making provision for prescribing conditions of recruitment and conditions of service by Rules. The proviso to Article 309 contemplates that Rules regulating conditions of service may be made under an enactment. Just as it is open to the appropriate legislature to provide for rules to be framed for regulating recruitment and conditions of service under Article 309, it is equally open to the legislature to provide that in certain conditions the Governor acting under the proviso may make appropriate rules.The power under the proviso is co-extensive with the power under the main part. (See B. S. Vaderas case, (1968) 3 SCR 575 (supra) at pp. 585-586) = (AIR 1969 SC 118 at pp. 124-125).

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]22. The form of option is contract. This exercise of option is itself the contract. The option is to be absorbed or not to be absorbed. The contractual term is that the teacher will be absorbed as a Government servant. The term in the agreement between the Government and the Local Body that the conditions of service will not be varied to the disadvantage of the teachers has been read by all teachers who exercised the option to be absorbed. The conditions of service referred to therein are the conditions of service of the State of Mysore.23. In B. S. Vadera v. Union of India (1968) 3 SCR 575   = (AIR 1969 SC l18) this Court held that if an appropriate legislature has passed ) an Act under Article 309 the Rules framed under the proviso to Article 309 would have effect subject to that Act. In the absence of any Act of the appropriate legislature the Rules made by the President or such person as he may direct, are to have fullof those schools became employees of the State Government. The crucial words in S. 14 (b) of the 1969 Act on which the teachers relied are these: "All primary school teachers . . . . . shall, until other provision is made, receive the salary and allowances and be subject to the condition of service to which they were entitled immediately before the appointed day". The words "other provision is made" were construed by the teachers to mean an act of legislature.28. The provision contained in Section 14 (b) of the 1969 Act is a temporary and transitional provision which continues until other provision is made. The Legislature does not say until other provision is made because the Legislature is always free to legislate. The words "until other provision is made" mean provision which can be made by the legislature or by the Governor or the executive. The words "until other provision is made" do not exclusively limit to legislate. If the legislature has occupied the field the Governor haspower. The power of the Governor iswith the legislative power, (See B. S. Vaderas case. (1968) 3 SCR 575 (supra) at page 583) = (AIR 1969 SC l18 at p. 123).29. Section 14 (b) of the 1969 Act is not a law regulating recruitment and conditions of service under Article 309. Assuming it is, Art. 309 does not preclude the legislature from making provision for prescribing conditions of recruitment and conditions of service by Rules. The proviso to Article 309 contemplates that Rules regulating conditions of service may be made under an enactment. Just as it is open to the appropriate legislature to provide for rules to be framed for regulating recruitment and conditions of service under Article 309, it is equally open to the legislature to provide that in certain conditions the Governor acting under the proviso may make appropriate rules.The power under the proviso iswith the power under the main part. (See B. S. Vaderas case, (1968) 3 SCR 575 (supra) at pp.It, therefore, follows that teachers who exercised the form of option were subject to change in the conditions of service under Rules framed under Article 309. There is no constitutional limitation to reduce the age of retirement. A Government servant enjoys the status of a Government servant. He cannot be removed and his services cannot be terminated except in accordance with the provisions of the Constitution. Fixing an age of retirement does not amount to removal or termination.