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2022 Supreme(Mad) 646

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
A.R. Balakrishnan – Petitioner
Versus
State of Tamil Nadu, Represented by its Secretary to Government, Chennai & Others – Respondents
WP No. 24444 of 2015 & MP No. 1 of 2015
Decided On : 12-07-2022

Advocates Appeared:
For the Petitioner:B. Kumarasamy, Advocate.
For the Respondents:R1 & R2, M. Bindran, Additional Government Pleader, R3, C. Johnson, Advocate, R4, R. Gopinath, Standing Counsel.

Extension of service is a concession for the benefit of students and cannot be claimed as a right.

Headnote:

Extension of Service - Retirement - Concession for Benefit of Students

Fact of the Case:

The petitioner sought a writ to continue in service beyond the age of retirement till the end of the academic year, citing government orders.

Finding of the Court:

The court found that the petitioner had not served beyond the date of superannuation and was allowed to retire. Extension of service is a concession for the benefit of students and cannot be claimed as a right.

Issues: The issue was whether the petitioner had the right to continue in service beyond the age of retirement.

Ratio Decidendi: The court held that extension of service is a concession granted by the government for the benefit of students and cannot be claimed as a matter of right.

Final Decision: The writ petition was disposed of, and the petitioner was found not eligible for any additional remuneration beyond the date of superannuation.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the order dated 31.07.2015 of the third respondent and quash the same and consequently direct the third respondent to pass orders re-employing the petitioner as P.G. Assistant Teacher till end of the academic year 2015-2016 i.e., till 31.05.2016 as per the G.O.Ms.No.1643 Education (U2) Department.)

1. The relief sought for in the present writ petition is to direct the respondents to permit the petitioner to continue in service beyond his age of retirement till the end of the academic year as per the Government Orders in force.

2. The learned counsel for the petitioner made a submission that the petitioner was unreasonably prevented from continuing his services beyond the date of retirement till the end of the academic year.

3. Be that as it may, the fact remains that the petitioner had not served beyond his date of superannuation and he was allowed to retire from service on attaining the age of superannuation.

4. Extension of service is a concession granted by the Government for the benefit of the students and such a concession can never be claimed as a matter of right. Thus, the rejection, in this regard, would not constitute a right to claim salary or other remuneration.

5. As per the service conditions, the petitioner was allowed to retire from service on attaining the age of superannuation and all the terminal and pensionary benefits due to him were settled. The petitioner has not served beyond his date of superannuation and therefore, he is not eligible for any other additional remuneration.

6. That apart, the petitioner is now 65 years old and he is receiving the pension in accordance with the rules.

7. This being the factum, the case of the writ petitioner deserves no further consideration and accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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