IMPORTANT POINT
The applicability of government orders on superannuation age is limited to government and aided educational institutions, not private schools.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the superannuation from the service of the petitioner vide letter Ref.No.School/Misc/2021/S1 dated 22.07.2021 with effect from 31.05.2021 issued by the first respondent and quash the same and direct the first respondent to reinstate the petitioner forthwith, for enabling the petitioner to get the attendant benefits, as per the G.Os viz., G.O.Ms.51 dt. 07.05.2020 and G.O.Ms.29 dt. 25.02.2021 (Personnel & Administration Reforms (S) Dept, concerned with the enhancement of the superannuation age from 58 years to 60 years accordingly.)

1. This writ petition has been filed challenging the order dated 22.07.2021 passed by the first respondent thereby relieving the petitioner from service on retirement with effect from 31.05.2021.

2. The case of the petitioner is that she is qualified with M.Sc., M.Ed., M.Phil degree and she was appointed as Teacher in the first respondent School run by the Madras Port and Dock Educational Trust. Though she was appointed as secondary grade teacher, she was exploited to the maximum level because of her higher qualification without any hike in her salary and other benefits. While she was about to cross 57 years in the month of May 2020, the Government passed order in G.O.Ms.No.51 Personnel & Administrative Reforms (S) Department dated 07.05.2020, thereby enhanced the age of retirement from 58 to 59 years.

3. Pursuant to the said government order, the petitioner and others teachers submitted representation collectively to the management seeking to enhance the age of retirement till 59. However, the said request was not considered by the management. The petitioner was subsequently relieved from her service as she had retired from service with effect from 31.05.2021 on the attainment of age of superannuation. Subsequently, the management of committee convened meeting on 23.03.2022 and resolved that the age of retirement has been enhanced from 58 to 60 with effect from 31.03.2022 onwards. Therefore, similarly placed teachers like the petitioner were permitted to work till their completion of 60 years.

4. The learned counsel appearing for the petitioner submitted that the action of the management is tinged with favouritism and nepotism. Further it is unjust, highly discriminatory and unconstitutional, violation of fundamental rights of the citizens, in terms of equality and equal opportunities guaranteed by the Constitution of India. She further submitted that though the government passed order in G.O.Ms.No.51 dated 07.05.2020, it was not considered by the management and abruptly terminated the service of the petitioner. The petitioner was deprived of her service benefit of extension of age of retirement as 60.

4.1. That apart, the government passed another order in G.O.(Ms)No.29 dated 25.02.2021, thereby extended the years of retirement from 59 years to 60 years. Though the petitioner submitted representation through E-mail dated 07.03.2022 to the third respondent seeking the benefits of extension of two years of service till the age of 60 years, so far it was not considered. But the similarly placed teachers were granted benefits under the government orders. Hence, the petitioner filed this present petition with the above said order.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. The petitioner was relieved from service with effect from 31.05.2021 by the first respondent, since she attained the age of superannuation. On perusal of G.O.Ms.No.51 Personnel and Administration Reforms (S) Department, dated 07.05.2020 revealed as follows:-

“The Government have decided to increase the age of superannuation of government servants from 58 years to 59 years and orders accordingly. This will apply to all those who are in regular service as on date and due to reitre on superannuation from 31.