Bye Laws of the Board would automatically apply including the service conditions of the employees
Madras High Court
Aasha K.R vs The Central Board Of Secondary ... on 4 November, 2009
Pronounced on : 08.08.2019
CORAM
THE HONOURABLE Mr. JUSTICE V.PARTHIBAN
W.P.No.9165 of 2019 and
W.M.P.No.9697 of 2019
13.It is a fact that the 4th respondent school is affiliated to the 1st respondent viz., CBSE and the Bye
Laws of the CBSE are applicable to the 4th respondent school in which the petitioner was employed
as a Teacher. In respect of the same school, two learned Judges of this Court have clearly held that
Aasha K.R vs The Central Board Of Secondary ... on 4 November, 2009
Indian Kanoon - http://indiankanoon.org/doc/32042620/ 5
the Teachers were entitled to serve the school till they attain the 60 years of age. Both the learned
Judges have relied on Bye Laws 30 of the CBSE which governed the service conditions of the
Teachers of the 4th respondent school. Moreover, in the absence of a clear Bye Laws in regard to
retirement age of the petitioner, as far as the 4 th respondent school is concerned, the Bye Laws of
the CBSE is automatically made applicable with reference to the service conditions of the employees
of the 4th respondent school. When similarly placed Teachers have obtained orders from this Court
holding that their age of retirement is only 60 years and in fact, they continued till the age of 60
years, this Court does not think that the present petitioner can be treated differently in the matter of
retirement age. If any such different treatment is to be meeted http://www.judis.nic.in W.P.No.9165
of 2019 out that could be grossly violative of Articles 14 and 16 of the Constitution of India.
14.Even otherwise, if the amendment to the Bye Laws which came into effect 19.10.2018 is to be
considered, as rightly relied on by the learned counsel for the petitioner in a decision of this Court
reported in 2012 (4) CTC 577 (cited supra), such amendment prescribing a different condition of
service can be made applicable only prospectively and the petitioner, who joined much before the
amendment was brought in, cannot be allowed to suffer a new condition of service to her detriment.
Admittedly, the petitioner was appointed as Teacher in 1988, 20 years before the amendment and
therefore, such amendment can at best be applied prospectively, when staff are appointed after the
said date of appointment. Further, the fact of the 4th respondent school affiliated with the 1st
respondent Board would mean that the Bye Laws of the Board would automatically apply including
the service conditions of the employees and the Bye Laws of the 1 st respondent Board shall prevail
over any local arrangement of the 4th respondent school with its staff. In any case, the absence of
any particular service conditions regarding age of retirement formulated by the 4 th respondent
society has not been disputed except stating that the http://www.judis.nic.in W.P.No.9165 of 2019
power is with the Managing Committee. Such general power vested with the Managing Committee
does not empower the 4th respondent school to retire its staff contrary to the specific Bye Laws of
the 1 st respondent Board.
15.For the above said reason, this Court is of the considered view that the petitioner has made out a
clear case for grant of relief as the claim of the petitioner is squarely covered by the decision cited by
the learned counsel appearing for the petitioner and also on the basis of the Bye Laws of the 1st
respondent Board. In the said circumstances, the Writ Petition is allowed and a writ of mandamus is
issued directing the respondents 4 and 5 to reinstate the petitioner in service as Teacher and
continue her in service till she attains the age of 60 years and pay her all benefits as admissible. The
respondents 4 and 5 are directed to pass appropriate orders in complying with a direction within a
period of two weeks from the date of receipt of a copy of this order. No costs. Consequently,
connected miscellaneous petition is closed.