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may 1971

Supreme Court of India · 1971-05-04

C. SANKARANARAYANAN ETC. vs STATE OF KERALA

Citation / case number
SC 1969/60342
Court
Supreme Court of India
Petitioner
C. SANKARANARAYANAN ETC.
Respondent
STATE OF KERALA
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that the provisions of Chapter XXVIIA and Chapter XXVIIB of the Kerala Education Rules, 1959, are mutually exclusive, establishing that a teacher in an aided school who opted for Chapter XIV(C) is governed by Chapter XXVIIB and cannot claim superannuation based on Rule 8 of Chapter XXVIIA. The Court affirmed that the age of compulsory retirement for teachers in aided schools is 55 years, aligning with the rules applicable to government school teachers. The ruling clarified that the rule-making power of the Government under Article 309 is not limited by agreements with employees, and changes in retirement age do not invoke Article 311(2).

C. SANKARANARAYANAN ETC. vs STATE OF KERALA · Niyam