KARNATAKA
DETERMINATION OF RETIREMENT AGE OF CERTAIN TEACHERS ACT, 1975 THE KARNATAKA DETERMINATION OF RETIREMENT AGE
OF CERTAIN TEACHERS ACT, 1975 [Act No. 35 OF 1975] [12th August, 1975] An Act
to determine the retirement age of certain teachers in the State. Whereas,
in pursuance of the policy decision taken to reduce the retirement age of
certain categories of Government servants from fifty-eight years to fifty-five
years, Notification No. GSR 21 (FD 150 SRS 73), dated 30th January, 1974 was
issued concerning the teachers of the erstwhile Karnataka State, who
immediately before 1st November, 1956 were governed by Note 4 below Clause (c)
of Article 294 of the Karnataka Service Regulations; Whereas,
retirements were effected in accordance with the said Notification; Whereas,
in Writ Petition No. 525 of 1974 and connected writ petitions the High Court of
Karnataka has held that in view of Rules 95 of the Karnataka Civil Services
Rules said Notification did not have the intended effect of reducing the
retirement age of such teachers: Whereas,
it is necessary to make suitable provisions for the purpose; Whereas,
the previous approval of the Central Government under the proviso to
sub-section (7) of Section 115 of the States Reorganisation Act, 1956 (Central
Act 37 of 1956) has been obtained as in letter No. 5/23/73 SR(S), dated the
21st January, 1974 of the Government of India, Department of Personnel and Administrative
Reforms (Cabinet Secretariat); Be it
enacted by the Karnataka State Legislature in the Twenty-sixth year of the
Republic of India as follows.-- (1)
This Act may be called the Karnataka Determination
of Retirement Age of Certain Teachers Act, 1975. (2)
It shall be deemed to have come into force on
the 30th day of January, 1974. (1)
Notwithstanding anything in any judgment,
decree or order of any Court, Tribunal or other authority, on and from the date
of commencement of this Act (hereinafter referred to as the appointed day).? (i)
the date of compulsory retirement of every
teacher of the erstwhile Karnataka State allotted to the State of Karnataka who
immediately before the 1st November, 1956 was governed by Note 4 below Clause
(c) of Article 294 of the Karnataka Services Regulations and who is in service
on the appointed day, shall be the day on which he attains the age of
fifty-five years; (ii)
Rule 95 of the Karnataka Civil Services Rules
shall apply to every such teacher with the omission in Clause (a) of the said
rule, the words and figures "subject to the provisions relating to
protection of conditions of service prescribed by the Government of India in
respect of persons allotted or deemed to be allotted to serve in connection
with the affairs of the State of Karnataka under Section 115 of the States
Reorganisation Act, 1956"; (iii) every such teacher who.? (a)
has continued service after the appointed
day, even after he has attained the age of fifty-five years shall retire from
service on the date on which he attains the age of fifty-eight years or on 1st
March, 1974, whichever is earlier; (b)
attains the age of fifty-five years after the
appointed day but on or before 1st March, 1974 shall retire on 1st March, 1974; (c)
attains the age of fifty-five years after 1st
March, 1974, shall retire at the end of the month in which he attains the age
of fifty-five years. (2)
Notwithstanding anything to the contrary
contained in the Karnataka Civil Services Rules, the entire earned leave not
exceeding on hundred and twenty days to the credit of such teacher on the date
of his retirement who retires within a period of six months from the appointed
day shall be deemed to have been refused to him in public interest under Rule
110 of the Karnataka Civil Services Rules and he shall be permitted to avail it
with effect from the date of his retirement: Provided
that in the case of such teacher who is governed by the rules applicable to him
in his parent State the period of such leave, whether earned leave or privilege
leave or furlough leave on average pay, shall be as permissible under such
rules: Provided
further that nothing in this sub-section shall apply to a teacher who on the
appointed day is on leave preparatory to retirement. Any
teacher referred to in Section 2, who by virtue of any order of any Court or
otherwise has continued in service even after he has attained the age of fifty
five years and was working as such teacher on the date of promulgation of the
Karnataka (Determination of the Retirement age of Certain Teachers) Ordinance,
1975 (Karnataka Ordinance No. 2 of 1975) shall be deemed to have retired from
service with effect from the afternoon of 31st May, 1975 and shall be deemed to
have been granted extension of service from the appointed day till 31st May,
1975. Any
action taken in respect of any retirement of a teacher of the category referred
to in Section 2 after the appointed day but before the date of promulgation of
the Karnataka (Determination of the Retirement Age of Certain Teachers)
Ordinance, 1975 (Karnataka Ordinance No. 2 of 1975) shall be deemed to be valid
and shall be deemed to have been taken or effected in accordance will the
provisions of this Act as if the said provisions were in force at all relevant
times. The
Karnataka (Determination of the Retirement Age of Certain Teachers) Ordinance,
1975 (Karnataka Ordinance No. 2 of 1975) is hereby repealed: Provided
that anything done or any action taken under the said Ordinance shall be deemed
to have been done or taken under the corresponding provisions of this Act.
Preamble - KARNATAKA DETERMINATION OF
RETIREMENT AGE OF CERTAIN TEACHERS ACT, 1975PREAMBLE