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Judgment
This petition coming up for orders is taken up for final hearing by consent of Counsel for parties and disposed of as follows:
The petitioner was serving as a Peon in the erstwhile District Board of South Kanara under the conditions of service applicable to him. He became an employee of the State of Karnataka on absorption under the provisions of the Karnataka Elementary Education (Amendment and Miscellaneous Provisions) Act, 1969. The petitioner has contended that his service conditions under the erstwhile District Board have remained unaltered by the provisions of the Act referred to above. However, the 2nd and 3rd Respondents came to instruct the Joint Director of Public Instruction, Mysore Division, Mysore by their letter dated 6th October, 1979 to furnish the names of the Principals of schools and the institutions taken over from the District Board who had continued the employees absorbed beyond the age of 56 years. It is apparent, on account of such instructions the 1st respondent-Principal has issued the memo dated 13th October, 1979 to the petitioner stating that he is to be relieved of his duties on the afternoon of 13-11-1979 onaccount of the reference made in the letter of the Commissioner of Education, Government of Karnataka to which reference has been made earlier in this order. Aggrieved by the same, the petitioner has approached this Court under Art. 226 of the Constitution of India for redress.
Idential question came up for consideration in Writ Petition 2554/75 before this Court. Malimath, J, by a considered order held that in view of Sections 14 and 15 of the Karnataka Elementary Education (Amendment and Miscellaneous Provisions) Act, 1969 the service conditions of the absorbed employees under the provisions of that Act continued to be those which they had enjoyed, prior to absorption and further held that the
superannuation of the petitioner therein and others like him who had been absorbed in the Government service from the employment of the, erstwhile District Boards under the aforementioned Act was 60 years and not 55 or 58 years. This judgment came to be accepted by the respondent-State of Karnataka. In that view of the matter, the memo at Ext-B is clearly without the authority of law and it is liable to be quashed.
Therefore, rule issued earlier is made absolute. The memo issued by the 1st. respondent dated 13th October 1979 is hereby quashed as illegal and without the authority of law. The petitioner, if he has been relieved shall be taken back to duty with all consequential benefits that will flow from this order.
There will be no order as to costs.