Part-time employees seeking extension of superannuation age under G.O.Ms.No.15 are entitled to the relief of potential re-engagement beyond 60 years, subject to the conditions of the government order, as established by the Division Bench in W.A.No.770 of 2022.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction one in the nature of writ of Mandamus declaring the action of the Respondents in not extending the benefit of age of Petitioner's Superannuation from 60 to 62 years vide G.O.Ms.No.15, Finance (FIR.IV-FR and LR) Department, dated 31.01.2022 issued by the 1st Respondent, is arbitrary, illegal besides violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents No.1 to 5 to continue the petitioner in services as part time Lecturer in the 5th respondent College, till the petitioner attain the age of Superannuation of 62 years without any break and with all consequential attendant benefits including regular pay and allowances, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to consequently direct the respondents No. 1 to 5 not to disengage the services of the petitioner as part time Lecturer on 28-02-2026, but to continue the petitioner in the services as Part time Lecturer in the 5th respondent College, till Petitioner attains the age of Superannuation of 62 years without any break and with all consequential attendant benefits including regular pay and allowances, pending disposal of the Writ Petition, in the interest of Justice, and to pass

The Court made the following:

ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not extending the benefit of age of petitioner’s superannuation from 60 to 62 years vide G.O.Ms.No.15, Finance (HR-IV-FR & LR) Department dated 31.01.2022 issued by the 1st respondent being illegal arbitrary and pass such other order or orders.…”

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleaders for Services appearing on behalf of the respondents.

3. The contention of the learned counsel for the petitioner is that the identical part-time lecturers have been continued based on the orders passed by this Court and hence, the petitioner is also entitled to continue till he attains the age of superannuation i.e 62 years.

4. Learned Government Pleader appearing on behalf of the 3rd respondent submits that initially writ petitions were disposed of by this Court directing the respondents to continue the identical part-time employees by applying the principles laid down in G.O. No. 15, dated 31.01.2022, the age of retirement came to be increased from “60” to “62 years” and the said G.O challenged before the Division Bench of this Court by way of W.A.No.770 of 2022, which was disposed of on 13.02.2024 modifying the order with the following directions:

“Accordingly, the Writ Appeal is partly allowed. The order of the learned Single Judge is set-aside and liberty is reserved to the Appellants to re-engage the Respondent, if they so desire, and also other similarly situated employees even beyond the age of “60 years” subject to the conditions stipulated in G.O. No. 15, dated 31.01.2022. There shall be no order as to costs.”

5. Considering the submissions and on perusal of the judgment dated 13.02.2024, passed by the Division Bench of this Court in W.A.No.770 of 2022, this writ petition is