The case of the respondent-petitioner before the learned Single Bench was that the Institution is having temporary recognition by the Basic Shiksha Parishad and its educational calender too has been settled as per the calender prescribed by the Basic Shiksha Parishad. The provisions relating to leave, salary, other allowances too are in consonance with the directions given by the Basic Shiksha Parishad. The service conditions of the teachers working with the junior high schools recognized by the Basic Shiksha Parishad being 62 years, the petitioner could have not been retired from service w.e.f. 31.08.2013. Per contra, as per the appellant-Institution, services of the respondent-petitioner were governed under the Cantonment Fund Servants Rules, 1937 (hereinafter referred to as “Rules, 1937”) and, as such, impact of Rules, 1978 is having no application. As per Rule 22 of the Rules, 1937, the age of superannuation is 58 years and, therefore, under the notice dated 08.08.2003, the respondentpetitioner was rightly intimated for retirement from service w.e.f. 31.08.2013. It was also stated that no provision exists under the Rules, 1937 to continue a Teacher in service till completion of educational session.
