Supreme Court of India · 2003-12-08
Ahmedabad Education Society vs Gilber B. Shah And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 1167
- Court
- Supreme Court of India
- Petitioner
- Ahmedabad Education Society
- Respondent
- Gilber B. Shah And Ors
- Bench
- S. Rajendra Babu, Ruma Pal
Judgment text excerpt
The Supreme Court addressed the retirement age of teachers under the Bombay Primary Education (Gujarat Amendment) Rules, 1978, specifically Sub-Rule (1) of Rule 34, which mandates retirement at 58 years, versus Rule 29 of the Leave Rules allowing retirement at 60. The Court held that the Leave Rules apply to the respondents, allowing them to retire at 60, as the Amendment Rules do not apply to those employed on a contract basis. The Court affirmed the lower court's decision that the respondents are entitled to continue in service until the age of 60, thus upholding the contract terms over the Amendment Rules.