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

2. These cases may be broadly classified into three categories. One group consists of primary and secondary school teachers in Government schools of the former State of Mysore. The second group consists of teachers in the schools belonging to various local authorities situate in the area of the former State of Mysore. These teachers were absorbed in Government service of the new State of Mysore when the said schools were taken over by the Government. The third group consists of teachers in the schools of the School Boards in the Bombay area and the Madras area of the new State. They were absorbed in Government service under the Mysore Compulsory Primary Education Act, 1969.3. The new State of Mysore came into existence on 1 November, 1956 consequent upon the reorganisation of States brought about by the State Reorganisation Act, 1956. The reorganised new State consisted of the former State of Mysore, part of the former State of Bombay, part of the former State of Hyderabad, part of the former State of Madras and the centrally administered territory of Coorg.Sections 114 and 115 of the States Reorganisation Act deal with allotment and transfer of State Services of the merged parts of the new State.5. The School teachers of the former State of Mysore were allotted to the new State of Mysore with effect from 1 January, 1956. Their age of retirement under the Mysore services Regulations was 58 years. Some time in the year 1957 the State Government reduced their age of retirement to 55 years. The teachers challenged the reduced age of retirement. This Court in State of Mysore v. Padmanabhacharya (1966) 1 SCR 994   = (AIR 1966 SC 602  ) upheld the contention of the teachers that the age of retirement as fixed by the State was illegal. It may be stated here that the State did not obtain the prior approval of the Central Government under Section 115 (7) of the States Reorganisation Act in regard to the reduction of the age of compulsory retirement.6. By notification dated 14 April, 1966 the age of retirement of primary and secondary school teachers in the new State was fixed at 58 Years with effect from 5 April, 1966. The age of retirement of teachers who were allotted from other integrated areas was 55 years. By notification dated 15 April, 1966 a uniform treatment was given to all the Primary and Secondary School Teachers of the new State of Mysore by fixing their age of retirement at 58 years.7. By notification dated 10 July, 1970 the age of retirement of teachers in the Collegiate and Technical Education Department was raised to 58 years.8. By notification dated 6 May, 1971 the retirement age of teaching staff of the Medical and Dental Colleges and other colleges under the Department of Health aid Family Planning services was raised to 58 years.9. By another notification dated 24 June 1971 the age of retirement of the members of the teaching staff of the Law Colleges was raised to 58 years.10. By another notification dated 5 August, 1972 the age of retirement of the members of the Judicial service was raised to 58 years.11. The Karnataka Civil ServicesAmendment) Rules 1973 provided the age of retirement of an teachers in all the Departments exceptPrimary and secondary School Teachers at 55 years.12. The teachers of the erstwhile local authorities were not covered by the Karnataka Civil Services (TwentySecond Amendment) Rules, 1973 as they were governed either by contract or by special laws. Their age of retirement was 58 years. They were asked to retire on attaining 55 years. They filed writ petition challenging the reduction in age of retirement.13. The Mysore Service (Amendment) Regulations 1974 were promulgated on 21 January, 1974 reducing the age of retirement of Ex Mysore teachers from 58 to 55 years.The Mysore Civil Service (Amendment) Regulations, 1974 thus reduced the age of retirement of ExMysore teachers also to 55 years.16. On 24 February, 1974 the Karnataka State Civil Services (Age of Compulsory Retirement) Rules, 1974 came into existence in exercise of powers under Article 309 of the Constitution. The Karnataka State Civil Services (Age of Compulsory Retirement) Rules, 1974 provided that notwithstanding anything to the contrary contained in any law, rule, notification, order or agreement every Government servant referred to in(4) (sic) whose age of compulsory retirement is 58 years shall retire on attaining the age of 55 years. It was also provided by those Rules that those who continued in service after attaining the age of 55 years on the date of the promulgation of the Rules would retire on the date on which they attained the age of 58 years or 1 April, 1974 whichever is earlier. It is also stated that those who will attain the age of 55 years after the commencement of these Rules but on or before 1 April, 1974 would retire on 1 April, 1974. Those who will attain 55 years after 1 April, 1974 shall retire on attaining the age of 55 years. The Government servant was defined in, 1974 Age of Compulsory Retirement Rules, to mean six classes of Government servants. The three categories of teachers who are parties to these appeals are all covered by the Karnataka State Civil Services (Age of Compulsory Retirement) Rules, 1974 which are referred to as the impugned Rules.

Reasoning:
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.