‘Extension beyond superannuation age not a right’
Extension of service beyond the age of superannuation cannot be claimed as a matter of right, the Madras High Court has held.
Published: 20th August 2019 04:41 AM
By Express News Service
CHENNAI: Extension of service beyond the age of superannuation cannot be claimed as a matter of right, the Madras High Court has held. Justice S Vaidyanathan gave the ruling, while dismissing a writ petition from one S Rajendran. Rajendran served as a lecturer in the department of mathematics in the Jawahar Science College in Neyveli, Cuddalore district, which is governed by Section 2 (8) of the TN Private Colleges Act, and was relieved from service on April 30, 2016, on his crossing the retirement age of 58 years. His request for extension of service up to 62 years, was rejected by the college management. Hence, the present writ petition.
Dismissing the petition, the judge said that the petitioner cannot demand such extension as a matter of right. It is at the discretion of the college in allowing the petitioner to continue beyond the permissible age, namely, 58 - up to 62 years. Section 17 of the Act will not be helpful to the petitioner as the government has taken a decision with regard to the service conditions, etc, of the teachers and other persons employed in any private college and not with regard to the superannuated employees.
Observing that there is no justification on the part of the petitioner over the demand, the judge said the impugned order dated August 12, 2016, relieving him from service, is perfectly valid and does not warrant any interference by this Court.
Extension of service beyond the age of superannuation cannot be claimed as a matter of right, the Madras High Court has held.
Published: 20th August 2019 04:41 AM
By Express News Service
CHENNAI: Extension of service beyond the age of superannuation cannot be claimed as a matter of right, the Madras High Court has held. Justice S Vaidyanathan gave the ruling, while dismissing a writ petition from one S Rajendran. Rajendran served as a lecturer in the department of mathematics in the Jawahar Science College in Neyveli, Cuddalore district, which is governed by Section 2 (8) of the TN Private Colleges Act, and was relieved from service on April 30, 2016, on his crossing the retirement age of 58 years. His request for extension of service up to 62 years, was rejected by the college management. Hence, the present writ petition.
Dismissing the petition, the judge said that the petitioner cannot demand such extension as a matter of right. It is at the discretion of the college in allowing the petitioner to continue beyond the permissible age, namely, 58 - up to 62 years. Section 17 of the Act will not be helpful to the petitioner as the government has taken a decision with regard to the service conditions, etc, of the teachers and other persons employed in any private college and not with regard to the superannuated employees.
Observing that there is no justification on the part of the petitioner over the demand, the judge said the impugned order dated August 12, 2016, relieving him from service, is perfectly valid and does not warrant any interference by this Court.
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