# B.P. SINGH AND ORS v. DIRECTOR GENERAL, ORDNANCE FACTORY AND ORS

- **Citation:** [1991] 2 S.C.R. 836
- **Court:** Supreme Court of India
- **Decided:** 1991-07-09
- **Case number:** Writ petition (C} No. 118 of 1987
- **Bench:** Kuldip Singh, N.M. Kasliwal
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/b-p-singh-and-ors-v-director-general-ordnance-factory-and-ors-11160
- **Pages:** 3

## Headnote

Civil Service-Teachers employed in the schools & controlled by
Defence Department-Age of retirement whether 58 or 60 years.
In the petition filed under Article 32 of the Constitution oflndia,
C
the petitioners teachers, employed in the schools run by the respondents, controlled by till> Defence Department of the Government of
India, contended that the action of the respondents in retiring them at
the age of 58 years, whereas retaining similarly situated teachers working in other departments upto the age of 60 years was discriminatory
D and violative of Articles 14 and 16 of the Constitution.
E
F
G
H
The respondents filed the Office Memorandum dated 10.3.1989
issued by the Ministry of Personnel, wherein it was stated that the age of
retirement of the teachers working in all the Departments and Organisations was uniformly fixed at 58 years.
Dismissing the petition, this Court,
HELD: With effect from April 1, 1989 the age of superannuation of all teachers working in Central Government Departments and
Organisations including Union Territories has been uniformly fixed at
58 years. [838F]
ORIGINAL JURISDICTION: Writ petition (C} No. 118 of
1987.
Under Article 32 of the Constitution oflndia.
O.P. Sharma, K.R. Gupta, Vivek Sharma, R.C. Gubrele and
Ms. Nanita Sharma for the Petitioners.
M. Chander Sekhran, Additional Solicitor General-I, P.
Parmeshwaran, S.N. Terdal, Ms. Kitty Kumaramangalam, Ms. A.
Subhashini and Ms. Sangeeta Aggarwal for the Respondents.
836
..
B.P. SINGH v. DIRECTOR GENERAL [SINGH, l.]
837

## Text

B
B.P. SINGH AND ORS.
v.
DIRECTOR GENERAL, ORDNANCE FACTORY AND ORS.
JULY 9, 1991
[KULDIP SINGH AND N.M. KASLIWAL JJ.)
Civil Service-Teachers employed in the schools & controlled by
Defence Department-Age of retirement whether 58 or 60 years.
In the petition filed under Article 32 of the Constitution oflndia,
C
the petitioners teachers, employed in the schools run by the respondents, controlled by till> Defence Department of the Government of
India, contended that the action of the respondents in retiring them at
the age of 58 years, whereas retaining similarly situated teachers working in other departments upto the age of 60 years was discriminatory
D and violative of Articles 14 and 16 of the Constitution.
E
F
G
H
The respondents filed the Office Memorandum dated 10.3.1989
issued by the Ministry of Personnel, wherein it was stated that the age of
retirement of the teachers working in all the Departments and Organisations was uniformly fixed at 58 years.
Dismissing the petition, this Court,
HELD: With effect from April 1, 1989 the age of superannuation of all teachers working in Central Government Departments and
Organisations including Union Territories has been uniformly fixed at
58 years. [838F]
ORIGINAL JURISDICTION: Writ petition (C} No. 118 of
1987.
Under Article 32 of the Constitution oflndia.
O.P. Sharma, K.R. Gupta, Vivek Sharma, R.C. Gubrele and
Ms. Nanita Sharma for the Petitioners.
M. Chander Sekhran, Additional Solicitor General-I, P.
Parmeshwaran, S.N. Terdal, Ms. Kitty Kumaramangalam, Ms. A.
Subhashini and Ms. Sangeeta Aggarwal for the Respondents.
836
..
B.P. SINGH v. DIRECTOR GENERAL [SINGH, l.]
837
The Judgment of the Court was delivered by
KULDIP SINGH, J. B.P. Singh and nine other teachers employed in the schools run by the Ordnance Factories at Kanpur and
Muradnagar, have filed this petition under Article 32 of the Constitu_tion of India challenging their retirement from service on attaining the
age of 58 years. They claim that they are entitled to have the age of
superannuation fixed at 60 years instead of 58 years.
Mr. O.P. Sharma, learned counsel appearing for the petitioners,
has contended that the age of superannuation of the teachers working
in the schools controlled by various departments of Government of
India other than the Defence Department has been enhanced to 60
years and according to him there is no justification to single-out the
teachers working in the schools run by the Ordnance Factories under
the control of the Defence Department of Government of India
Mr. Sharma has relied upon a Memorandum issued by the
Government of India, Ministry of Education dated September 6, 1983
by which the age of retirement of Delhi School Teachers and teachers
in other Union Territories was raised to 60 years. He has also relied on
a Memorandum .dated March 9, 1984 issued by the Railway Board
wherein the age of superannuation of t~e teachers_ w<:>_rking In the
Railway schools was also enhanced to 60 years.
Mr. Sharma has thus argued that the action of the respondents in
retiring the petitioners at the age of 58 years whereas retaining similarly situated teachers working in other departments of Government of
India upto the age of 60 years, is discriminatory and as such violative
of Artic:_les 14 and 16 of th"- Constitution of India. Prima facie there
seems to be force in the argument but in view of the Office
Memorandum dated March 10, 1989 issued by the Government of
India, Ministry of Personnel, New Delhi, it is not necessary to examine
the sa.;,e. Shri N. Siva Subramaniam, Joint Secretary, Ministry of
Defence has, alongwith an additional affidavit dated March 16, 1989
· filed the said Memorandum in this court which is reproduced hereunder:
"As the Ministry of Human Resource Development
etc. are aware, the age of superannuation for all Central
Government employees, save with the exception of a few
categories, has been fixed at 58 years and they are to retire
A
B
D
E
F
G
on the last day of the month in which they attain that age.
H
838
A
B
c
D
E
SUPREME COURT REPORTS
[ 1991] 2 S.C.R.
However, there is no uniformity in the age of superannuation of teachers in various schools/institutions in the Central Government.
2. In the light of the observations of the Fourth Central
Pay Commission regarding the age of retirement of Central
Government employees, the Government has reviewed the
entire question de novo and it has now been decided that
the age of retirement on superannuation of all teachers
working in Central Government Departments and Organisations including Union Territories may be uniformly fixed
at 58 years, whether they are in the Ministry of Education,
Ministry of Railways, Ministry of Defence or any other
Ministry/Department or in Delhi Administration. Consequently, in schools/institutions where the age of retirement
on superannuation for teachers is presently fixed at 58
years, no change is required to be made and the incumbents as well as future recruits shall retire on attaining the
age of 58 years. However, in regard to schools/institutions
where the age of retirement on superannuation for teachers
is presently fixed at 60 years/the same shall be lowered to
58 years w.e.f. 1st April, 1989 with the _exception that the
teachers who had joined such schools/institutions P.rior to
this date, shall continue to enjoy the existing benefit and
superannuate on attaining the age of 60 years. Further, in
respect of such schools/institutions, no new appointment,
either on regular or ad hoc basis, shall be made between
the date of this Office Memorandum and 1.4.1989."
It is thus obvious that with effect from April 1, 1989 the age of
F
superannuation of all teachers working in Central Governr;ient
Departments and Organisations including Union Territories has been
uniformly fixed at 58 years. The only argument advanced by Mr.
Sharma has, thus, been completely answered by the above quoted
Office Memorandum.
.G
The Writ Petition is, therefore, dismissed with no order as to
costs.
V.P.R.
Petition dismissed.