Case Note & Summary
The petitioner, Vinayak Jankiram Ingle, was appointed as an Assistant Teacher on 05.08.1963/16.08.1963 by the Chief Executive Officer, Buldana, and worked in Government High School, Khamgaon until 28.02.1999. At the time of his appointment, the Vidarbha region was part of Madhya Pradesh, and the Madhya Pradesh Secondary Education Act, 1951 (MP Act) was applicable. Regulation 7 of Chapter 10 of the MP Act provided for a superannuation age of 60 years. After the reorganization of states on 01.05.1960, the MP Act continued to apply in Vidarbha until 01.01.1966. The petitioner completed two years of service on 16.08.1965 and became entitled to confirmation. Despite this, he was retired at the age of 58 years. He made a representation on 01.10.1997 seeking the benefit of the Supreme Court judgment in M.G. Pendke v. Municipal Council, Hinganghat, but was denied. The court held that the petitioner was governed by the MP Act and was entitled to the beneficial provision of retirement at 60 years. The petition was allowed, and the respondents were directed to treat the petitioner as having retired at 60 years and grant consequential benefits.
Headnote
A) Service Law - Age of Superannuation - Protection of Vested Rights - Madhya Pradesh Secondary Education Act, 1951, Regulation 7 of Chapter 10 - Petitioner, appointed as Assistant Teacher in 1963, was governed by the MP Act which provided retirement age of 60 years. Despite reorganization of states, the beneficial provision continued to apply. Held that the petitioner is entitled to retirement at 60 years and not 58 years (Paras 2-3).
Issue of Consideration
Whether the petitioner, a teacher appointed in Vidarbha region when the Madhya Pradesh Secondary Education Act, 1951 was in force, is entitled to retirement at 60 years instead of 58 years.
Final Decision
The petition is allowed. The respondents are directed to treat the petitioner as having retired at the age of 60 years and grant him all consequential benefits.
Law Points
- Protection of vested rights under repealed statutes
- Applicability of pre-reorganization service conditions
- Age of superannuation for teachers in Vidarbha region
